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(영문) 서울동부지방법원 2016.05.12 2016고합45
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 13, 2016, around 23:05, the Defendant was boarding a D-business taxi operated by the victim C (57 tax) at the front of the bus stops located in the 86-ro, 000, Seoul Special Metropolitan City.

In the situation where the above taxi is running on the road in front of the ‘F cafeteria' in the same Gu E, the defendant spits it inside the above taxi and asked the defendant to "spit spit spit spit spit spit spit spit spit spit spit spit spit in the vehicle."

When the victim's face and head are able to take care of the victim's face while taking a bath, the victim was able to take care of about two weeks in the victim's face and head, and the victim was sleeped around the snow.

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 against C;

1. A photograph of the victim's upper part, a photograph of the victim's face with red himself/herself, and a photograph of the victim's inner diameter;

1. A written diagnosis of injury;

1. 112 Application of Acts and subordinate statutes to reported, recorded and extracted 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. 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. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. Reduction elements of the recommended punishment on the sentencing criteria shall be limited to the scope of the recommended punishment [the types of determination] [the scope of the recommended punishment] in the category No. 4 (Bodily Injury by Violence of Drivers): In the area of minor injury and punishment [the scope of the recommended punishment] special mitigation [the scope of the recommended punishment] in the area of the special mitigation [the scope of the corrected punishment] in the area of imprisonment for not less than five months but not more than two years [the scope of the corrected punishment] in the period of not less than one year and six months and not more than two years (the lowest limit of the recommended punishment is set lower than the

3. Determination of sentence: In the case of this case, one year and six months of suspension of execution shall be sentenced to imprisonment;

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