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(영문) 수원지방법원 2021.02.04 2020고합658
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2020, the Defendant, at around 00:05, damaged the victim's face to take care of about 2 weeks, on the road of "C" located in Suwon-si B, and on the e-si operated by the victim D (son, 66 years old), on the e-si operated by the victim D, and on the ground that the victim's face cannot be known at home.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement concerning the examination of the police suspect against the defendant, including D, F, and G;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Suspension of Execution ( considered as being more favorable among the reasons for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes: 【Bodily damaged (person who is subject to special sentencing] by a driver: Insignificant injury (type 2 and 4): In minor mitigation area; special mitigation area; the scope of punishment [the recommended area and the scope of the recommended punishment] ; 5 months through 2 years [the scope of the recommended punishment corrected by the applicable sentences] 1 year and 6 months through 2 years (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the statutory minimum limit of the applicable sentences, since the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the applicable sentencing guidelines, it shall be set at the statutory minimum limit of the applicable sentences).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the defendant inflicted an injury on a person who has sustained a taxi by drinking the taxi on account of influence, which may lead to a large traffic accident, and in light of the method and risk of the crime, result of the crime, etc., the liability for the crime is minor.

shall not be deemed to exist.

However, the defendant.

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