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(영문) 서울서부지방법원 2014.07.04 2014고합113
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

(a)an injury, such as a bid and injury;

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement recorded in the video CD;

1. Statement to E by the police;

1. A written diagnosis of injury (C, E);

1. Application of the Acts and subordinate statutes concerning the photograph of the damaged party (A, C, and E), and the photograph of the victim;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-10 (1) of the same Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Aggravation of concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (within the scope of adding up the long-term punishments of each crime as referred to in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment;

1. Articles 53 and 55 (1) 3 of the Discretionary Mitigation Criminal Act ( Taking into account factors of sentencing favorable to the accused, as seen below):

1. Reasons for sentencing under Article 62 (1) of the Act on the Suspension of Execution (i.e., factors for sentencing favorable to the accused as follows);

1. Scope of Recommendations* Crimes 1 (Scope of Recommendation) - Special Mitigation Zone (5 to 2 years) (Special Mitigation Zone) (5 to 4) (Special Mitigation Zone) - In the case of minor injuries (2 and 4 categories) - In the case of restoration of damage (including serious efforts to recover damage) or considerable part of damage, the scope of Recommendations * Crimes 2 / Special Mitigation Zone (1 to 1 year) (Special Mitigation Zone (1 to 4 years) - In the case of restoration of minor injuries (including serious efforts to recover damage) or considerable part of damage, the scope of final sentence according to the aggravation of multiple crimes: May to June 26.

2. The sentencing factors are the sentencing factors unfavorable to the defendant, such as the fact that the defendant has been sentenced to a fine several times in the previous case, that the defendant assaulted the victim C on the ground that the defendant was in harmony with the previous case without any special reasons, and that the nature of the crime is bad, that the defendant recognizes and reflects the crime of this case, that the defendant has agreed with the victims.

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