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(영문) 의정부지방법원 고양지원 2016.09.23 2016고합105
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant: (a) boarded-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 763 Lone Star-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Since then, the defendant, while other taxies refuse to take passengers, and were in a dispute with the victim while suffering from the victim, he saw the victim's head, body, etc. due to the victim's loss and her death, he saw the victim as a blick, and suffered two 21 days of medical treatment for the victim.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C and a written confirmation of investigation process (victim) and a written petition;

1. Review of whether “the person is under way” was “the person under way;

1. A criminal investigation report (CCTV verification);

1. Application of Acts and subordinate statutes to damaged photographs, injuries diagnostic certificates, CCTV data, black stuffs video CDs, and statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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 among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] and the scope of the recommended punishment [the person causing assault by a driver] class 4 (the person causing assault by a driver] and the elements of mitigation of punishment: the source of mitigation of punishment [the scope of the recommended punishment] [the scope of the recommended punishment from October to 2] one year and six months to two years (the scope of the sentence recommended by the sentencing guidelines is inconsistent with the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing in law shall apply].

3. Criteria for the suspension of execution [Main Reasons] positive: None of the past criminal punishment, and negative effects of punishment [General Reasons]: The driver of a motor vehicle in operation is the victim.

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