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(영문) 수원지방법원 안양지원 2020.04.24 2019고합197
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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

Punishment of the crime

On December 12, 2019, the Defendant: (a) boarded the back seat of D taxi operated by the victim C (Nam and 62 years of age) on the front side of the Mandong-gu Mayang-si B on the front side of the Mayang-si, Annyang-si; (b) 22:25 on the same day, the Defendant took a bath to the victim with the large sound of the victim's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '' in the above 's 's 's 's 's 's 's 's 's 's s'; (c) 's head and face of the victim by drinking 's her head, and

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Application of the 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. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Grounds for sentencing for sentencing under Article 62-2 (1) of the Social Service and Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of punishment] the driver's injury [the type 4] the element of mitigation of punishment (including a serious effort to recover damage] or considerable damage therefrom (the scope of the recommended area and the recommended punishment] mitigated area, ten months to two years [the scope of the recommended punishment corrected by the applicable sentencing] sentenced to imprisonment for one year and six months and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range of the recommended by the sentencing guidelines differs from the applicable sentencing range in law, so the applicable sentencing range in law is set at the lowest limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a period of two years under a suspended sentence;

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