2014Gohap243 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Running Violence, etc.)

A

5. The case shall be decided by the court below for the following reasons:

Attorney B (Korean National Assembly)

May 30, 2014

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

On October 4, 2013, at around 22:45, the Defendant took a cab for D business use operated by the victim C (the age of 49) and took a bath to the victim who is found at the neighboring cam security center because the Defendant was unable to hear the accurate destination from the Defendant under the influence of alcohol, and took a bath to the victim who was found at the victim's nearby cam security center once, the victim's side is walked at once, the victim's face is taken twice by drinking, the victim's shoulder and arms are cut down twice by drinking, the victim's shoulder and arms are cut down in several times, and the victim who was signaled at the road near the same cambed in the same cambing zone. The Defendant considered the victim's face as drinking, the camb and sold.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the victim to be treated for about 7 days) such as the climatic, emeral, and superior clibsium.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Each black box, video CD, injury diagnosis certificate, and text and evidentiary materials;

1. Each investigation report (the sequence 8, 14, 16, 17 of the evidence list);

Application of Statutes

1. Article applicable to criminal facts;

Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes

2. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing):

3. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

Reasons for sentencing

1. The scope of punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. Application of the sentencing criteria: Imprisonment with prison labor for not less than one year and not more than six months but not more than two years; and

[Determination of Punishment] Violence Crimes in Types 4 (Bodily Injury to Drivers)

[Special Aggravationd ] Aggravationd : None of the elements of mitigation: Insignificant injury or incompetence

[Recommendation Area] Reduction Area ( Imprisonment with labor for not less than 10 months but not more than 2 years)

[Special Adjustment of the Sentencing range] Since there are more than two special mitigations, the lower limit of the scope of sentence recommended by the sentencing guidelines shall be mitigated to up to 1/2. However, since the scope of sentence is inconsistent with the applicable sentencing by legal mitigation, the lower limit of the applicable sentencing range shall be determined by law.

3. Determination of sentence: Two years of a stay of execution in one and half years of imprisonment; and

In light of the circumstances unfavorable to the Defendant, there is a serious crime of causing injury to the victim by committing assault, such as: (a) in a taxi where the Defendant is driving along a road with a large traffic volume at night without any particular reason; (b) in a taxi where the Defendant takes a bath without any justifiable reason; and (c) taking the side glass of the victim who is a taxi driver, and taking the face, and thus, the crime of this case is not good; (c) the crime of this case is deemed a large traffic accident; and (d) the crime of this case is likely to cause damage to the lives and property of the Defendant as well as the serious criminal.

However, on the other hand, the degree of injury suffered by the victim due to the crime of this case is relatively minor, and the defendant does not want the punishment against the defendant by agreement with the victim. The defendant is the first offender and the defendant has committed a serious reflective behavior, which is later late in this court. Now, there seems to be little risk of recidivism, such as that he takes a bath when drinking exceeding the prime amount, and that he is aggressively changing differently from the ordinary court, such as taking a bath, etc. In addition, he supports the two married children attending the wife and the high school and the middle school, and is responsible for the economic support for the elderly, which is living together with the aged living together, and there are no considerable circumstances favorable to the defendant, such as the defendant's age, character, character, environment, occupation, health conditions, motive of the crime, motive of the crime, result of the crime, etc., and the execution of the above sentencing guidelines should be suspended at once, rather than the above sentencing guidelines, the execution of the sentence of this case should be suspended at the same time.

It is so decided as per Disposition for the above reasons.

The assistant judge of the presiding judge;

Judges Yang Young-young

Judges Park Jae-min

1) Since it is apparent that the "Seoul Central District Madamb" in the indictment is a clerical error, it is correct as above.

2) According to the records of the written diagnosis of injury to the victim (Evidence Nos. 7 and 31 of the evidence list), the victim is found to have suffered from the background of the confluence requiring treatment for 7 days from the upper day of the crime of this case. Accordingly, the part of the indictment for 2 weeks is a clerical error in the indictment. Thus, it is immediately correct as above.