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(영문) 수원지방법원 안산지원 2015.12.18 2015고합235
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 25, 2015, at around 20:28, the Defendant took the front of the 5st apartment way operated by the victim C (the age of 62) in front of the Silung apartment route operated by the victim C (the age of 62), and was in front of the Dolung-si in Silung-si, the Defendant inflicted injury on the victim, who was driving the taxi on one occasion, such as a scam scam and a scam scam in front of the Dolung-si in Silung-si in the same day at around 20:35 of the same day. The victim stopped the taxi, and the victim stopped the taxi, and the head of the victim, who is expected to face the window from the taxi, was faced with the window scam of the victim who is expected to suffer from the window scam, so that the treatment period cannot be known to the victim.

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

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. A medical certificate;

4. Application of each statute of photography;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. 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 a period of one year and six months from one year to fifteen years;

2. Scope of the recommended sentencing criteria; and

(a) Determination of types: Violence crime group - Violence crime - Type 4 (Bodily Injury resulting from Violence against Drivers);

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment with prison labor for not less than 10 months nor more than 2 years;

(d) Scope of recommended sentences revised according to the range of applicable sentences: Imprisonment with prison labor for a year and six months to two years (based on the lowest limit of sentencing range of applicable sentences); and

3. Criteria for suspension of execution;

(a) Major reasons for participation: Members not subject to punishment;

(b) Reasons for general participation: Where the driver of a motor vehicle in operation is a victim;

4. This case shall be subject to a ruling of sentence:

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