logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.10.25 2019고합255
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

At around 02:00 on August 9, 2019, the Defendant was boarding the taxi head who was driven by the victim B (Nam and 56 years of age) at the Dong-dong, Nam-gu, Nam-gu, Seoul.

At around 02:15 on the same day, the Defendant inflicted an injury on the victim, such as the victim’s face, head head, 3 to 4 times, and sprinking the victim’s neck on his arms, in the foregoing taxi that is proceeding in front of the filial basin of 900, which is located in the industry of Ulsan-gu, Ulsan-gu, Seoul, without any particular reason, on the part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against the victim B;

1. A criminal investigation report (to attachCCTV photographs);

1. Application of Acts and subordinate statutes of a medical certificate;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 scope of the recommended punishment] the crime of violence [the category 4] the driver's injury [the person who is a special person] mitigated element of mitigation: In the case of minor injury (the category 2 and 4), the non-conformity of punishment (including serious efforts to recover damage), or considerable damage (the scope of the recommended area and the recommended punishment] the area of special mitigation, five to two years (the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment with prison labor for a year and six months (the scope of the recommended punishment corrected according to the applicable sentencing guidelines] and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is in case where the lowest limit of the sentencing range in the applicable sentencing guidelines is inconsistent with the statutory applicable sentencing range).

3. The Defendant sentenced the sentence to the punishment of a taxi to assault and injure the victim while driving the taxi, and in that it is a very dangerous crime, the liability for the crime is not easy, and shall be punished three times after 2003 due to assault, bodily injury, obstruction of performance of official duties, damage to public goods, etc.

arrow