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(영문) 의정부지방법원 고양지원 2014.10.10 2014고합180
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:50 on July 2, 2014, the Defendant, while drunk in the D bus, was driving in the vicinity of the Goyangyang-gu Goyang-gu, Goyangyang-gu, Goyang-gu, the Defendant caused the injury of the victim E (the age of 63) by drinking the head and face of the victim E (the age of 63) who was driving without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An investigation report (Submission of a medical certificate for injury);

1. Application of statutes on photographs of damage;

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 concerning the crime

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

3. Article 62 (1) of the Act on Suspension of Execution (The following factors shall be repeatedly taken into consideration for the defendant).

4. The amount of punishment under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] and the scope of the recommended sentence [the person who has committed violence against a driver] types 4 (the person who has committed violence against a driver): the mitigated element of minor injury, non-Mitigation of punishment (the person who has committed general appearance): the mitigated element of punishment: the serious reflect [the scope of the recommended sentence] [the scope of the recommended sentence] from June to 2 years [the minimum limit of the recommended sentence according to the sentencing guidelines (five months) according to the sentencing guidelines is lower than the minimum limit of the applicable sentence in law, and thus, it shall be corrected by one year and six months, which is the minimum limit of the applicable sentence in law]; and

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended execution are crimes of this case where the defendant assaulted bus driving technicians who are driving without any particular reason and caused the injury of sacrife, etc., and the nature of the crime in this case is not weak. In particular, the crime in this case may cause a traffic accident and cause serious damage to the life, body, etc. of a third party.

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