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(영문) 서울북부지방법원 2017.11.03 2017고합330
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 19, 2017, the Defendant: (a) 23:10 on March 19, 2017, on the part of the victim E (59) on the top of the F taxi located in Gangnam-gu Seoul (hereinafter “D”); (b) 23:10, the Defendant she saw the victim that the safety level on the front of the branch of the Bank Changdong in Dobong-gu Seoul, Dobong-gu (578) was not covered by the safety level on the road in front of the branch of the Bank Changdong in Dobong-gu, Dobong-gu, Seoul; (c) considered the victim’s right side of the victim departing from the vehicle two times at the left hand of the vehicle in accordance with the direction of the signal, and caused the victim by assaulting the victim’s head at one time, booming the trees, and causing the victim’s injury, such as catum dump, which requires approximately two weeks medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A taxi screen image;

1. A report on sentencing investigation;

1. Extent and degree of injury as indicated in the judgment: Application of Acts and subordinate statutes to medical certificates of injury and medical records;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Reduction elements of the recommended punishment according to the sentencing criteria: The minimum limit of the sentencing range recommended by the sentencing guidelines for one year and six months is lower than the minimum limit of the applicable sentencing range, and thus the applicable sentencing range under law shall be set at the lower limit of the applicable sentencing range.

Not less than two years but not more than two years (limited areas of mitigation);

3. Determination of sentence: Imprisonment with prison labor for not less than two years and suspension of execution for not more than four years; and

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