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(영문) 서울서부지방법원 2020.12.16 2020고단1976
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 23:05 on May 2, 2020, the Defendant: (a) was boarding the back seat of Eunpyeong-gu Seoul Metropolitan Government (the 65 years of age) operated by the victim B (the 3:05 years of age) prior to the unification of Eunpyeong-gu Seoul Metropolitan Government on 849, and was living in the back seat of the Eunpyeong-gu Eunpyeong-gu E-gu, Seoul, a destination destination; (b) was asked the victim as to where the Defendant would get out of the Defendant; (c) the Defendant her own victim, who was asked about where the victim would get out of the Defendant, followed the disturbance; (d) the victim’s head and head were shot up from the back seat of the 1st, and (e) the victim was shot up at the back seat of the 2nd police station in order to support the victim’s body, and (e) the victim was able to get out of the 2nd seat of the 2nd police station.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to victim taxi booms video CDs and investigation reports (referring to the submission of a victim's agreement and rebuttals);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. Article 62(1) of the Criminal Act (see, e.g., “the grounds for suspended sentence”)

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of recommended sphere and the range of recommended punishment] and the range of punishment for assault crimes [the category 1] general assault [the elements of mitigation]: Where the punishment is not applied (including serious efforts for recovery of damage) or considerable damage has been recovered, or where considerable damage has been restored [the scope of the recommended sphere and the scope of recommended punishment] mitigated area, and one month through August;

3. Determination of sentence: Imprisonment with prison labor for a period of eight months;

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