Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.)

A

Kim Jong-Un (Court Prosecution) and Lee Jong-young (Court trial)

Attorney B (Korean National Assembly)

January 20, 2017

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 two years from the date this judgment became final and conclusive.

To order the defendant to provide community service for 80 hours.

Criminal facts

On February 2, 2016, at around 23:55 on February 2, 2016, the Defendant: (a) at the DK5-si operated by the victim C(59 years of age) operating the Dong cemetery in front of the Dong cemetery located in Jongno-gu Seoul, Jongno-gu, Seoul, 344, 100 foot of 100 foot to the victim requesting the payment of taxi charges, and (b) attached the Defendant to the victim so that he would not get off the taxi, and (c) made once a part of the face of the victim moving the taxi.

As a result, the defendant abused the victim and suffered injury to the victim, such as the impairment of crypity for about 14 days in need of treatment.

Summary of Evidence

1. C’s legal statement;

1. A written diagnosis of injury (victims) (The defendant denies the crime of this case, but since the victim's statement about the circumstances, contents, etc. of the crime of this case is reliable, the crime of this case can be acknowledged as stated in the judgment)

Application of Statutes

1. Article applicable to criminal facts;

Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Reduction of a small amount;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Social service order;

Article 62-2 (1) of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law;

From June to 15 years of imprisonment;

2. Scope of recommendations according to the sentencing criteria;

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Type 4) and violence crime against a driver: Injury (type 4) by assault and injury to a driver; minor injury; and 10 months to 2 years by imprisonment;

(b) the scope of modified recommendations;

From June to June (the application of the lower limit of applicable punishment by law) of imprisonment of one year and two years;

3. Determination of sentence;

The instant crime was committed by assaulting and injuring a taxi driver who is in operation, and such act is highly likely to be subject to criticism because of the high risk of seriously infringing a third party’s life, body, and property due to causing a traffic accident. Nevertheless, the Defendant did not make efforts to recover from damage while denying the instant crime. The victim is punished for the Defendant. Considering the above, it is inevitable to punish him/her accordingly.

However, the degree of injury is relatively minor, the fact that the speed of taxi was not relatively high at the time of the assault in this case, the fact that the defendant had no criminal record of suspended execution or more, etc. is considered favorable to the defendant. In addition, all the sentencing factors indicated in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.

The presiding judge, judge and judge

Judges Cho Jae-hwan

Judge Park Jae-il