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(영문) 서울중앙지방법원 2013.11.29 2012고합476
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

1. The defendant shall be punished by imprisonment for three years;

2. Provided, That the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 21, 2012, at around 22:30, the Defendant assaulted the victim’s trees in front of the Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government, on the ground that the victim D (year 44) driven at a speed of about 10km and was at a location different from his/her destination at the back seat of the taxi in operation. On the one hand, the victim was driving the said taxi and driving the said taxi in the direction of the Seoul Geumcheon Police Station, and the victim was driving the said taxi in the direction of the Seoul Geumcheon Police Station, and the said taxi continued to take the victim’s trees by hand until the said taxi arrives at the said police station, thereby causing injury to the victim, such as catum salt, which requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Written statements of the prosecution of D;

1. Application of Acts and subordinate statutes to the victim's body photographs and the written diagnosis of injury;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences: Imprisonment with prison labor for up to 30 years (no sentencing criteria prepared at the time of instituting a public prosecution in this case);

2. Determination of sentence: A sentence shall be determined as ordered in light of the following: A three-year period of imprisonment, the degree of injury of a victim for a five-year period of suspended execution, and the defendant has no record of criminal punishment in the Republic of Korea and appears to be an contingent crime, and the execution of the sentence shall be particularly suspended;

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