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(영문) 수원지방법원 2014.04.04 2013고합902
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2013, the Defendant: (a) 00:16 on November 16, 2013, the Defendant: (b) put up a vehicle on the grounds that the taxi charges of the taxi on his/her own in the vicinity of the walp road located in Suwon-si, Suwon-si; (c) was shakening the balp of the victim C, who is a taxi driver in operation; and (d) was in the event that the victim’s right-hand blick with his/her left-hand drinking, the Defendant inflicted an injury on the victim, such as light falpump,

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the witness to C or D of this Court;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 (1) and (2) of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, violent crimes, Type 4 (Bodily Aggravated Injury by Drivers) (Special Sentencing) among violent crimes, minor bodily injury (limited to the decision on the recommended area and the scope of recommendation), mitigation area (limited to the decision on the recommended area and the scope of recommendation), and period from October to two years; and

3. Determination of sentence: One year and six months of imprisonment with prison labor, and three years of suspended execution, the crime of this case committed by the victim while driving a taxi is not against the nature of the crime, and the assault against the driver of the vehicle in operation is a very dangerous act that may cause a traffic accident and damage to many and unspecified persons; the defendant did not violate his mistake while denying the crime of this case; and the victim did not make any effort to recover from damage; and the victim also wanted to punish the defendant.

However, the defendant is in Grade II with mental retardation disorder.

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