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(영문) 서울중앙지방법원 2017.09.22 2017고합814
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 May 20, 2017, the Defendant: (a) moved to the back seat of the taxi operated by the victim C (66 years of age) in order to go to the Goak-gu Office, the destination of the 4th in the front of the 201:45, the Defendant: (b) 22:05 on the same day, while moving to the back seat of the taxi operated by the victim C (66 years of age) in order to move to the front seat of the 22:05, the Defendant laid down the gate of the victim, who is driving while taking a bath in the front of the Seocho-gu, Seocho-gu, Seoul, Seoul, in the front of the 1st half-lane apartment of the 22:05, and (c) hit the face of the victim by hand, and received several parts of the victim’s back head from the head.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and caused the injury to the victim, such as cerebral flady in which no three-day medical treatment is available, and no three-day medical treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. A medical certificate of injury and a medical certificate;

1. Victims C photographs and taxi receipts;

1. Application of Acts and subordinate statutes to a report on investigation (the investigation of taxi booms, and the closure of black stuffs images);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing as follows)

1. The scope of punishment by law: Imprisonment for one year and six months; - 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that there is no person who is in charge of special sentencing [the scope of the recommended area and the scope of the recommended punishment] of the four types of violent crimes (the injury of a driver), and the basic area of the recommended area and the scope of the recommended punishment], one year and six months in imprisonment

3. The crime of this case committed by the Defendant, without any particular reason, is likely to cause the injury of the victim, such as brain, which requires medical treatment for about three weeks, and thus, the error of the Defendant is large.

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