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(영문) 수원지방법원 2013.06.18 2012고합1126
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On February 10, 2010, the Defendant sentenced 8 months to imprisonment for a violation of the Road Traffic Act (driving) at the Suwon District Court on February 10, 201, and completed the execution of the sentence on January 14, 201.

【Criminal Facts】

Around 04:30 on October 4, 2012, the Defendant: (a) boarded the victim C (the 67-year-old age) on the taxi steering boat, which was operated by the victim C (the 67-year-old age), and was in the middle of the Dondong-gu D, the destination, and did not pay the taxi fee; (b) 1 time the victim’s head was drinking; (c) the victim continued to operate the said taxi in order to move as he left the taxi; (d) 4 times the victim’s head was flabing with flabing the victim’s head; and (d) the victim flabing the victim’s chest and head with his hand after stopping the taxi; and (d) 7 times the victim’s chest and head flabing the victim’s chest and head flabing the victim’s head on 5 occasions; and (d) the victim’s head was flabing the victim’s face after having been reported to do so by the victim’s police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Damage photographs;

1. Records before judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (related to the completion date of punishment);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences: Imprisonment for a period of one year and six months to twenty-five years;

2. Subject to the sentencing guidelines (decision of type) applicable to violence crime: In the case of violence crime causing a driver's injury (including a person who has been specially punished): in the event that punishment is not imposed (including a serious effort to recover damage), or considerable damage has been restored (decision of the recommending area), the mitigated area (decision of the recommending area) shall be sentenced to imprisonment for 10 months or more.

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