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전주지방법원 2014.09.04 2014고합108

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

At around 04:50 on March 25, 2014, the Defendant: (a) 34-18, the Defendant: (b) 14-18, a mobile phone used on the right side of the front of the Stosaw (56-18), was driven by the injured party C (the age of 56) on the back seat of the Ptosaw (the age of 56); (c) was boarding the back seat of the D business taxi in the front seat of the Seojin-gu, Jinjin-gu, the destination; and (d) was taking off the apartment in front of the Ptowing-gu, the front-si, the destination; (d) 20-37, as the front part of the Ptowing-si, the Defendant called the si to set up the si on the si on the ground that the Defendant did not set up the si on the si; and (d) 3-4,000,000 on the right side of the victim; and (d) 3-1,0-1,0000,0,000,0.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (in the form of a diagnosis, a black box image);

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. Reasons for sentencing under Article 62-2 (1) of the Social Services Criminal Act;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] shall be limited to violent crime group, assault crime, type 4 (Bodily Injury by Drivers).