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(영문) 서울중앙지방법원 2017.02.10 2016고합1197
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

around 01:50 on June 8, 2016, the Defendant was in de facto marital relationship with the Defendant with the victim C (62 years of age) in the vicinity of the exit No. 4 calendarly operated by 3 the paper 26 as the Jongno-gu Seoul Jongno-gu Check.

E seeing that the si is different, opening a back of the si and the si, and after putting the si into the si, whether or not “h” is put up for the victim.

“The victim’s face was expressed in a large voice, and the victim’s face was expressed in a number of times of treatment, and the victim was expressed in the body of the days of treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and F (Evidence Nos 4, 5);

1. Reporting of investigation results;

1. Application of Acts and subordinate statutes concerning data for video recording of taxi boxes;

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. 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the range of the recommended punishment [the group of violent crimes, assault crimes, and type 4 (Bodily Injury of Drivers) [the person who is in charge of special sentencing] mitigated elements: The mitigated elements of the punishment [the person who is in charge of general sentencing]: The serious half of the punishment [the scope of the punishment]: 10 months to 2 years [the scope of the suspended sentence]: Imprisonment for a period of 10 months to 10 years [the person who is in charge of suspended sentence] - The affirmative reasons such as the suspended sentence - Unscheduled factors of the punishment - Unscheduled positive general factors: contingent crimes, serious reflect

3. The instant crime that was determined by sentence is committed by the Defendant by assaulting a taxi driver who driven a taxi and assaulting the driver of the vehicle in operation.

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