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(영문) 수원지방법원 2020.06.05 2020고합100
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 February 23, 2020, the Defendant:30, on the front of the taxi located in the wife B, and on the front of the taxi operated by the victim D (the age of 65) on the string of the taxi operated by the victim D (the age of 65), stopped the victim by waiting for the signal, and did not promptly stop at the destination; while taking a bath, the Defendant took care of the victim's face by drinking the victim's face, and suffered the victim's string of the snow and snow room that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a medical certificate of injury, or photograph of injured part of the victim;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of punishment [the range of the recommended punishment] used by the driver's assault (the person in special form] - the mitigated element: the minor injury (the person in special form 2 and 4), the penalty not being imposed (including efforts to recover damage), or considerable damage (the scope of the recommended area and the recommended punishment], five to two years (the scope of the recommended punishment corrected according to the applicable punishment] sentenced to special mitigation area, five months of imprisonment [the range of the recommended punishment corrected according to the applicable punishment]] sentenced to one year and six months to two years (the minimum number of the applicable punishment under law] [the grounds for suspension of execution] [the person in general form] [the grounds for suspension of execution] - The principal pride is minor injury, the amount of punishment (including serious efforts to recover damage).

3. The crime of this case resulting in the injury of a victim who is in service of a taxi at a price, resulting in the injury of the victim, and the crime of assaulting the driver of the vehicle in service and causing the injury of the victim is committed.

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