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(영문) 수원지방법원 2020.06.12 2019고합700
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of 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 November 19, 2019, the Defendant 22:10 on November 22, 2019, when boarding the back seat of the Victim B (the 67-year-old) in the Songpa-gu Seoul Metropolitan Government, and then 395 K at the 395 kh point of the parallel line of the Gyeong-gu Gyeong-gu Gyeong-gu Gyeong-dong, Young-gu, Chungcheongnam-si, the Defendant expressed a desire to put the sib to the sib. The Defendant saw the sib, while going beyond the juk to the sib, went back to the sibro, she gets back to the sib, when the son stops on the side, resulting in the damage to the victim’s face and head, which requires approximately 14 days medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written injury diagnosis statement;

1. Application of the Acts and subordinate statutes to photographs of the victim's assault victim, photographic images, and photographic images of black stuffs;

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. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the scope of liability for compensation is not clear and it is deemed inappropriate to issue an order for compensation);

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's injury [the person who is a special person] the element of mitigation: In the case of minor injury (the 2 and 4 categories), the commissioner's failure to punish (including efforts to recover damage) or considerable damage (the scope of recommendations and recommendations] the area of special mitigation, 5 to 2 years [the scope of recommendations corrected according to the applicable sentences] imprisonment with prison labor [the scope of recommendations corrected according to the applicable sentences] 1 year, 6 to 2 years [the person who is a general person] [the grounds for suspension of execution]] of imprisonment with prison labor, 1 year and 6 months to 2 years (the minimum sentencing according to the applicable sentences under the law];

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