logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2016.12.16 2016고합56
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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

On July 16, 2016, the Defendant was on the front day of the head of the E-si, the victim D (year 46) driven by the Defendant, around 21:30 on July 16, 2016, and led to the front day of the GM in F in the racing-si.

The Defendant did not inform the family address even after having been asked from the victim anywhere where the house was located or several times, and the victim told that “I am to the police station” while departing from the above taxi, and when I am to the left hand, I am at one time about the part of the victim’s right side with the left hand.

As a result, the defendant got the victim, who is the driver of a vehicle in operation, to receive approximately 10 days of treatment from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of internal investigation reports, assault reports, photographs of the victim, investigation reports (Attachment of the written diagnosis of the injury submitted by the victim D), injury diagnosis reports (D), investigation reports (bbox stuffs, photographs and CDs of the victim D), capture photographs, and video CD-related Acts and subordinate statutes;

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

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 applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the range of the recommended punishment according to the sentencing guidelines shall be types of assault crimes 4 [the scope of the recommended punishment] and minor injury and non-permanent mitigation [the scope of the recommended punishment] [the scope of the recommended punishment] 5 months to 2 years (the minimum of the sentenced punishment recommended in the sentencing guidelines shall be mitigated to 1/2 because there exist not less than two special mitigation areas and special mitigations) / the minimum of the sentenced punishment recommended in the sentencing guidelines] 1 year and 6 months to 2 years (the minimum of the sentenced punishment recommended in the sentencing guidelines is lower than the legal minimum of the sentenced punishment, so the applicable minimum of the sentenced punishment shall be set according to the law applicable sentences); and

3. Sentence;

arrow