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(영문) 전주지방법원 군산지원 2014.05.02 2014고합31
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) is a punishment for trial expenses due to the victims and taxi expenses, within the E-si driving of the victim D (age 40) who was operating a road near the Kasan-si Seoul apartment on November 25, 2013, around 21:30.

On the ground that the victim tried to go to the F police box in the vicinity by driving the said taxi, he saw the front of the said taxi two times as drinking, and saw the victim's face on one occasion by drinking to the left part, he saw the victim to suffer approximately 10 days of treatment.

2. In the date, time, and place mentioned in Paragraph 1, the Defendant was getting off from the victim D(40 years of age) E-si in driving, and the victim demanded to change the taxi expenses while getting off the taxi according to himself, which caused the victim’s injury in light of the breath’s breath, and the victim was in need of treatment for about 10 days due to the breath’s breath’s breath.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act concerning the relevant criminal facts and the former part of Article 5-10 (2) of the same Act concerning the punishment

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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. Scope of punishment: Imprisonment with prison labor for a period of one year and six months, or for a period of 18 years and six months;

2. The recommended sentencing criteria; and

(a) Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (decision of type) shall be committed against violent crimes;

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