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(영문) 대구지방법원 2017.08.25 2017고합180
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal history] On November 12, 2015, the Defendant was sentenced to imprisonment for one year and six months at the Gwangju District Court on the grounds of violation of the Narcotics Control Act, etc., and completed the execution of the sentence at the Gwangju District Court on October 3, 2016.

[2] On April 16, 2017, at around 23:14, the Defendant: (a) took a seat in a D taxi operated by the victim C (65 years of age) and took a telephone call with the victim’s hand; and (b) took a telephone call with the victim; and (c) took the victim’s hand, the Defendant assaulted the victim’s back water, face, etc. in a number of times, with the victim’s back water and face in his/her hand; and (d) took a flap with the victim’s arms.

As a result, the Defendant led the victim to two typists in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A receipt or an injury diagnosis certificate;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of criminal suspect's judgment and date of release), report on the results of confirmation of previous convictions in the disposition, copy of the judgment, and application of Acts

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for a period of one year and six months from one year to twenty-five years;

2. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for a year and six months to two years [the type of the recommended punishment] type 4 (the person causing a driver's injury] mitigation element - [the scope of the recommended punishment] mitigation area / [the scope of the recommended punishment] mitigation area / [the scope of the corrected punishment] from 10 months to 2 years [ the scope of the corrected punishment] from one year and six months from six months to two years (the minimum limit of the recommended punishment is lower than the minimum limit of the applicable sentencing in law, so the punishment by law shall be imposed.

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