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(영문) 수원지방법원 2017.06.29 2017고합247
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2017, the Defendant: (a) was on board the victim C ( South, 49 years old) who is an agent on the front side of the 271 scopon road as of 23:05, the Defendant was on board the rear seat of the D high-speed typed vehicle driven by this Defendant, and “I are not China?”

The victim's face was 6 to 7 as a food with the victim's face.

As a result, the Defendant abused the driver of a vehicle in operation, and inflicted an injury on the victim, such as a spath of a baby in need of treatment for about 33 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs showing the scene and the upper part of the victim's body;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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

2. Application of the sentencing criteria [the types] the four types of violent crimes [the persons who are specially mitigated] punishment not [the scope of the recommended punishment], the mitigation area of imprisonment, ten months to two years (the lowest limit of the sentencing range recommended by the sentencing criteria is lower than the lower limit of the applicable sentencing range in the law, and the lower limit of the applicable sentencing range is set at the lower limit of the applicable sentencing range in the law).

3. The crime of this case committed by the Defendant by assaulting an acting driver on behalf of the Defendant, and thus, it is necessary to punish the risk of causing secondary damage to the third party due to the occurrence of a traffic accident.

However, the fact that the defendant did not have been punished against the defendant due to the agreement with the victim, and the defendant's age, sexual conduct, motive, background, means and consequence of the crime, and the circumstances after the crime are committed.

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