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(영문) 서울중앙지방법원 2016.06.03 2016고합347
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 March 24, 2016, at around 20:58, the Defendant, while drunk from the front of Samsung Station in Gangnam-gu, Seoul, Gangnam-gu, 946, to the road of the school railway station located in 316-dong 316, the Defendant: (a) was a victim C (65 years of age) boarding and leaving a taxi to avoid smoking in the taxi; (b) was able to prevent the victim from smoking in the taxi; (c) caused the victim’s face and head; (d) was fright up to about 60 km at the time; (e) was frighted by drinking the baby; (e) the victim tried to flee between the victim’s vehicle with a significant shock; and (e) the victim was frighted to the victim; and (e) caused the victim’s finger, who was a driver of a motor vehicle, by plucking and plucking the finger, thereby causing the victim’s injury to the victim, and caused the victim’s injury during the day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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 shall be considered for the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing as follows)

1. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the scope of the recommended punishment [the person who has been specially mitigated] class 4 [the person who has caused violence to a driver] [the decision on the recommended area] mitigation area (the lowest limit of the recommended punishment according to the sentencing guidelines for one year and June], the minimum limit of the punishment pursuant to the sentencing guidelines for each year and six months, shall be set at the above lowest limit, since the minimum limit of the punishment against the defendant is ten months in imprisonment

- 2 years);

2. The instant crime is a crime in which the Defendant sustained an injury by assaulting a victim while driving a vehicle, and is highly likely to incur a serious damage to the life or body of a third party as well as the victim.

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