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(영문) 광주지방법원 2020.11.04 2020고단4454
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 19, 2020, at around 01:10, the Defendant: (a) boarded the victim B (year 64) taxi in the Orandong in Gwangju-gu, Gwangju-gu, and arrived at the vicinity of the North-gu Office located in the 108-ro, the destination, but did not get out of the taxi, and tried to arbitrarily handle the victim’s body with hand-made and change-speed language of the taxi in progress; (b) tried to care the victim’s body on several occasions; and (c) assault the victim’s face with his hand to take over the victim’s face; and (d) assaulted the victim by taking over the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Application of B’s written laws and regulations;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general assault [Class 1] - The mitigated elements: In cases of assaulting a driver of a motor vehicle in operation [the scope of recommendations and recommendations] - The basic area of punishment or recommendations - the scope of punishment or punishment : imprisonment 2 to 10 months [the general person in general] - The mitigated elements: The serious reflective factors / The serious reflective factors / The main reason for the suspension of execution / The general pride - The reason for the suspension of execution is clear social relation, contingent crimes, serious reflective factors - the driver of a motor vehicle in operation is the victim.

3. Determination of sentence: Eight months of imprisonment and two years of suspended sentence;

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