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(영문) 서울동부지방법원 2016.01.15 2015고합302
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 24, 2015, the Defendant 22:00 on the ground that he was boarding a rocketing taxi operated by the victim D (61 S) on the roads near the Seoul Metropolitan City, Dongdaemun-gu, Seoul Metropolitan City (Seoul), and on the same day on the following day, he was driving a road front of the Seongdong-gu Seoul Metropolitan Government F commercial building on around 22:13, on the ground that he did not have a way to his own desire.

Does it be length.

The victim's clothes, which he had been driving a taxi at the back of the front seat, was taken bleeped twice the victim's face.

As a result, the Defendant assaulted the victim, who is a taxi driver in operation, and inflicted an injury on the victim, such as climatic salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each victim's upper part photograph, sound recording file cd, black image image, and injury diagnosis report;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria (Scope of the recommended punishment) from June to two years (the minimum limit of the recommended punishment in the sentencing guidelines is lower than the minimum limit of the applicable sentencing guidelines, so it shall be corrected by one year and six months for a period of one year and six months, whichever is lower than the applicable sentencing guidelines) in the area of mitigation (10 months to two years) (the person who has been specially mitigated) (the person who has been minorly mitigated) of the mitigated sentencing range;

2. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the case where the defendant inflicted an injury on the taxi driver by assaulting him/her in operation. Such an act is deemed to have a high risk of causing a serious damage by causing a traffic accident, and the minimum statutory penalty for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) is three years.

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