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(영문) 부산지방법원 2020.04.10 2020고합71
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 became final and conclusive.

Reasons

Punishment of the crime

On January 6, 2020, the Defendant was on the back seat of C-si driven by the victim B (the age of 54) and was on the way to cross-section in Busan East-gu, the Defendant got on the front seat of C-si and got into the front seat of the victim on 4 times the face of the victim with the left hand, and got off two times the victim's right side with the victim's head bond with the left hand.

As a result, the Defendant inflicted an injury on the victim, who is the driver of a motor vehicle in operation, such as “infection, tension,” which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A written diagnosis of injury;

1. Photographs (victim's face face, black image);

1. Application of Acts and subordinate statutes to a written agreement;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury (the person who is a special person): the mitigated elements of mitigation: Minor injury, non-influence [the scope of the recommended area and the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment for one year and six months to two years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and therefore the minimum of the applicable sentencing range is in accordance with the law).

3. Following the decision of sentence, the sentence is based on the following factors: the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and the circumstances after the crime were committed.

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