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

A

Oral documents (prosecutions) and red trial

Attorney B (Korean National Assembly)

March 28, 2018

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

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

Criminal facts

On December 28, 2017, at around 22:24, the Defendant boarded the back of the D taxi operated by the victim C (59 years of age) on the street in Seocho-gu Seoul, Seocho-gu, Seoul, and inflicted an injury on the victim, such as light salt, etc. requiring approximately two weeks medical treatment on the back of the passenger’s head and the right side of the victim, by asking his/her his/her mother’s family address to the Defendant’s his/her his/her his/her his/her his/her his/her his/her his/her father’s his/her mother, asking him/herself of his/her family address in the Gyeonggi-gu, which is a destination.

Accordingly, the defendant abused the driver of a vehicle in operation and inflicted an injury on him.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

Application of Statutes

1. Article applicable to criminal facts;

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

1. Discretionary mitigation;

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. Reasons for sentencing: Imprisonment with prison labor for not less than one year and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Violence Crime> Type 4 (Bodily Injury to Drivers)

【Special Convicted Persons】 Members not subject to punishment

[Recommendation and Scope of Recommendations] Reduction Area, 10 months to 2 years of imprisonment

[Scope of the revised Recommendations] Imprisonment of one year and six months (compliance with the lower limit of the applicable sentences under law) to two years

3. Determination of sentence: The act of violence against the driver of a vehicle in operation, such as one year and six months of imprisonment or two years of suspended sentence, is not merely an illegal act against the driver's body, but also an act threatening the safety of pedestrians, other vehicles, etc. and may lead to a large-scale accident of human life, which may cause danger and criticism.

However, considering the fact that the defendant has no criminal record, all of his/her criminal acts are recognized, and his/her mistake is repented in depth, the victim does not want the punishment against the defendant under an agreement with the victim, and other factors of sentencing as ordered by the arguments, such as the defendant's age, character and conduct, the background and method of the crime of this case, and the circumstances before and after the crime, etc., the punishment shall be

The presiding judge, the Kim Jong-dong

Judge Political decoration

Judge Lee Sang-hoon