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(영문) 인천지방법원 2015.10.08 2014고합687
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around August 29, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim’s face at one time by taking a bath against the victim who was driving at D taxi operated by the victim C (the age of 64) in front of the Nam-gu Incheon Metropolitan City, Nam-gu, but was able to avoid tobacco in the taxi while returning home at the front of the apartment.

2. After stopping a taxi in the vicinity of the Yeonsu-gu Incheon Metropolitan City, the Defendant suffered injury to the victim, i.e., a 21-day eye and an open body around the eye for about 21 days, considering that the victim's face is confined to drinking again even after getting out of the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to damaged parts, photographs, and written diagnosis of injury;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13351, Jun. 22, 2015) and Article 257 (1) of the Criminal Act (amended by Act No. 13351, Jun. 22, 2015);

1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than the punishment);

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a) Type 1 (Bodily Injury) (Extent of Recommendation) and category 1 (Bodily Injury), the basic area (limited to four months of imprisonment to one year and six months) (no person specially punished) (limited to a person who is a general person), a person with mental disability (limited to a person who is responsible for himself/herself), and a serious reflector;

B. The second crime [the scope of recommending the driver] [the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes)] where the driver of a motor vehicle in operation is assaulted in the aggravated area (4 months to one year) (the specially under one) of the types of the crimes (the first type) (the general person is responsible for the mental and physical disability), and the serious reflectivity ( mitigated).

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