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(영문) 서울중앙지방법원 2013.09.27 2013고합765
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

At around 23:00 on April 23, 2013, the Defendant was on the top of the steering line of the victim E (the 69-year-old age), a taxi driver, and was scheduled to leave the taxi at destination. On the other hand, the Defendant expressed that the victim, who was defective in the waiting signal to turn to the left at the said intersection, did not go to the si, and took a part of the victim’s left eye one time.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and suffered approximately two weeks of treatment from the victim, such as the inside and outside of the equipment and tissues.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site reports;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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 made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than five months nor more than two years (special mitigation areas); and

(a) [Determination of type] - The driver's bodily injury resulting from violence;

(b)(special penal persons) - Insignificant injuries, penalties not to be imposed;

3. Where the scope of sentences recommended by the sentencing criteria for sentencing is inconsistent with the scope of applicable sentences by statutory aggravated or mitigated punishment, it shall be in accordance with the upper limit or lower limit of applicable sentences by law.

In light of the fact that the Defendant committed the instant crime in spite of the fact that he/she was punished by a fine due to violent crimes, and that the Defendant committed the instant crime in another time, and that there was a very high risk by assaulting the victim operating a taxi.

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