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(영문) 청주지방법원 2020.06.12 2020고합68
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 15, 2020, the Defendant: (a) 20:52 on the road corresponding to the “C pharmacy” located in Cheongju-si, a Party D (the 49-year-old) was boarding on the back seat of the cab operated by the victim D (the 49-year-old), and (b) upon arrival in front of the “G association” located in the Cheongju-si, a Party D (the destination), the Defendant, instead of paying the taxi fee, took a bath for the victim at one time; (c) refused the victim’s demand for discharge; and (d) the victim started driving a taxi to go along the si in order to go to the Haju-si area; (d) on the front of the Cheongju-si, the Haju-si, a victim’s hbbbbbbbbs and twice the victim’s face while drinking the victim’s face; and (e) inflicted assault to the victim if the victim needs to be treated for three weeks.

Accordingly, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-the-spot photographic materials) and a report on investigation (Attachment of Blue Image Data);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] shall be limited to violent crimes [the 4th category] driver's bodily injury [the scope of the recommended punishment], the mitigated area of the punishment [the scope of the recommended punishment], the imprisonment with labor for not less than 1 year and 6 months to 2 years [the scope of the recommended punishment corrected according to the applicable sentencing], and the minimum limit of the sentencing range recommended in the sentencing guidelines for 1 year and 6 months to 2 years are inconsistent with the minimum limit of the applicable sentencing in law, so it is legally applicable.

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