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(영문) 창원지방법원 2020.02.18 2019고합265
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 05:45 on November 27, 2019, the Defendant, within the taxi driven by the victim B (the 72 years of age) who was parked on the front side of the Sungsan-si C apartment Dadong in Changwon-si, Changwon-si, and expressed, as the victim arrived at the destination and paid a fare, he saw the victim as “I saw several times of death, I saw I am again, I am again, I am again again, I am the victim’s face. I am the victim's face. I am the victim's face, chest, and side 16 times as he am, and the victim am the victim's face, chest, and side kne as knee in this taxi.

As a result, the defendant suffered injury to the victim who is driving a motor vehicle for about four weeks, such as the opening of back to the left-hand side, which requires a medical treatment of about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Victim taxi stuffs images);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (in cases where the defendant and the victim agree after application for compensation, the scope of liability for compensation in this case is not clear);

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

2. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment with prison labor for a year and six months to two years (the scope of recommending punishment): Crimes of assault and violence committed four types (in the event of assault and bodily injury to a driver), (in the event of a special mitigation), the scope of the final sentence that is modified according to the applicable sentences under the law in which no punishment is imposed, i.e., punishment: one year and six months to two years.

3. The crime of this case, which was decided upon sentence, is particular for the defendant.

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