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(영문) 전주지방법원 2020.02.06 2019고합256
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 July 17, 2019, at around 22:05, the Defendant: (a) 22:05, around C cafeteria in front of the front city, the Defendant: (b) taken a victim’s D (the 49-year-old) taxi in front of the C cafeteria in front of the front city B; and (c) heard the horses that the cry field located in 7 in the same cry field located in the same region as the cry field located in the same Gu, and asked the victim to pay the fee from the cry field near the cry field; and (d) took a look at the victim’s cell phone from the cry field in front of the c cafeteria; and (e) took up the cell phone to the victim

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes, such as photographs and diagnostic materials of black boxes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Extent of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] (the range of the recommended punishment [the range of the recommended punishment [the range of the sentenced punishment corrected according to the sentencing guidelines] 1 year and 6 months to 2 years (the lowest limit of the sentencing range recommended in the sentencing guidelines is different from the statutory minimum limit of the applicable punishment so that the minimum limit of the sentencing range recommended in the sentencing guidelines does not coincide with the statutory minimum limit of the applicable sentencing range, the applicable sentencing range in law shall prevail).

3. Determination of sentence: A person who has committed the instant crime for one year and six months of imprisonment with prison labor, and two years of suspended execution, shall be a taxi driver who temporarily stops in order for the defendant to lower the sentence.

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