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(영문) 광주지방법원 순천지원 2015.04.30 2015고합16
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 6, 2015, around D 20:05, the Defendant: (a) taken a F taxi driven by a victim E (the 60-year old-old) in front of D cafeterias located in F Do; (b) returned to the place located in the D Do dong Housing Complex, which was a destination; (c) went back to the said D Do cafeterias; (d) when the Defendant was able to take advantage of the said Do cafeterias; and (d) the Defendant her cab, her hand, her hand, her fried the cab on the right side, she stopped the her cab on the road; and (d) her flabed the victim’s face by flabing the victim’s bat with her hand, and flabing the victim’s face at around the snow and inside the inner part, which requires approximately two weeks medical treatment.

The Defendant continued to drive a taxi and brought the cab on the front side of the Dobong-gu post office in order to move the cab to the shot box, and assaulted the victim who was driving on the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Insignificant bodily injury (a) in the area of special mitigation (one month to one year) (special mitigation) of general bodily injury (a person subject to special mitigation) (a person subject to special mitigation) and no penalty shall be imposed;

(b) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Scope of Recommendation Punishment) / Type 1 (General Violence) / [Period of Imprisonment from one month to eight months] / Non-members of the punishment;

(c) multiple offenses;

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