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(영문) 수원지방법원 2014.09.17 2014고단3928
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 14, 2014, at around 08:05, the Defendant was under the influence of alcohol in front of 80, the Defendant was taking the victim B’s private taxi at the victim B’s private taxi, and was able to take the victim’s face while talking the victim without any reason.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: One month to five years; and

2. The scope of the recommended sentence for the sentencing guidelines [decision of types] the group of violent crimes-general assault [the scope of the recommended sentence] the basic area (two months to ten months of imprisonment] (the scope of the recommended sentence]: None of the special persons:

3. The sentence shall be determined within the scope of the recommended sentence, taking into account the fact that the defendant who has been sentenced to several times of punishment for violent crimes, has committed the instant crime under the influence of alcohol, and that the defendant committed the instant crime under the influence of alcohol, etc.

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