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(영문) 서울남부지방법원 2013.07.25 2013고합165
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2013: around 27, the Defendant 2013: (a) taken the back seat of a F taxi operated by the injured party E (manam and 57 years of age) in the condition of drinking in Dart in Guro-gu Seoul, Guro-gu, Seoul; (b) taken the back seat of the lower seat of the F-si, Guro-gu, Seoul; and (c) Do to a department store around 497-3, Guro-gu, Guro-gu, Seoul, would have the injured party be able to ask for the destination; (d) made the injured party’s shoulder to tear his clothes; and (e) 3 times the injured party’s right shoulder to drinking.

As such, the Defendant assaulted the victim, who is the driver of a vehicle in operation, and caused the infections, stoves, stoves, and stoves, which require approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A taxi charge receipt and a photograph of damaged parts;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration that is favorable to the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended sentence according to the sentencing guidelines [the types of crimes] violent crimes, assault crimes, types 4 (Specially Bodily Aggravated Punishment for Drivers): Reduction elements: Minor injury, Non-existence of Punishment (the scope of recommending punishment]; Imprisonment with labor for up to 5 months and 2 years (special mitigation areas); and

3. Statutory applicable sentences and recommended sentences: Imprisonment with prison labor for one year and six months to two years.

4. Elements of suspension of execution: Minor injury, non-conformity with punishment, and clear social ties, and serious reflections.

5. Determination of sentence: Imprisonment with prison labor for a year and six months, a stay of execution, two years, probation, and programs for medical treatment of alcohol alcohols, 40 hours, and community service order for 40 hours;

6. The occurrence of a traffic accident is difficult for the operator to drive properly, in the event that an assertion of sentencing conditions and an operator of a vehicle driving with judgment is assaulted.

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