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(영문) 광주지방법원 순천지원 2019.08.22 2019고합43
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

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 00:55 on March 1, 2019, the Defendant: (a) boarded the back-side of the driver’s seat of the C-si operated by the victim B (the 35-year-old age) from the G-yang-si Sayang-si Sayang-si (the 35-year-old age), and was in the vicinity of the “F” located in B-si E in lightyang-si (the destination) at around 01:00 on the same day; and (b) caused the victim’s right back and face by drinking to four times, without any justifiable reason, at approximately two weeks of treatment.

Accordingly, the defendant injured the victim who is a taxi driver in operation.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. B written statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to booms, fluor images and to photographs of victims;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the scope of violent crimes [the Sentencing 4] the driver's injury [the person in special form] - the mitigated element: Minor injury (the scope of the recommended area and the recommended punishment] [the scope of the recommended punishment] mitigation area, the imprisonment for 10 months to 2 years [the scope of the corrected recommended punishment according to the applicable sentencing]] imprisonment for 1 year and six months to two years (the minimum of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. Circumstances unfavorable to a decision of sentence: The instant crime committed by the Defendant by assaulting the driver of a vehicle in operation to injure the driver, thereby obstructing the driver’s body as well as normal driving as well as infringing the driver’s body.

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