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(영문) 서울북부지방법원 2015.10.30 2015고합100
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 23:40 on August 18, 2013, the Defendant was boarding in front of the upper 7 subway line of the subway line located in Jung-gu Seoul Metropolitan Government, the Defendant was driving in the head of the D taxi station operated by the victim C and proceeded toward the vicinity of the water station, which is a destination.

On the 19th of the same month, at around 00 00:01, the Defendant did not answer the victim’s horse in the vicinity of the Dong-dong located in Gangnam-gu Seoul Metropolitan Government, and “I am spawd the victim’s head once by drinking on the ground that I am spawd the victim’s head on the ground that I am spawd, and spawdddd the spath of the victim’s body, so I am spawd and stopped, so I am spaeld the victim’s head and body on the part of the victim’s body.

As a result, the Defendant abused the driver of a vehicle in operation, thereby resulting in injury to the victim, such as cerebral ley in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including No. 3 and a substitute part of the evidence list);

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 consideration shall be made again for the reason of sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. The scope of the recommended sentence according to the sentencing guidelines (the scope of the recommended sentence/special mitigation (minor injury)) and the mitigated area (the area between October and two years) of crimes of assault and violence according to the sentencing guidelines;

3. The crime of this case, which was decided to be sentenced, causes a traffic accident and the third party.

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