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(영문) 대전지방법원 천안지원 2020.05.27 2020고합51
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 February 6, 2020, at around 13:10, the Defendant: (a) operated a taxi to the neighboring police station in order for the victim to report the Defendant, on the ground that the construction site was in the vicinity of the C 59-year old-age station in the front of the C cab and arrived at the apartment site located in the Asan-si at the destination, Asan-si; and (b) the victim did not pay the taxi fee, and (c) caused the victim to run the taxi to the neighboring police station in order to report the Defendant; (d) by cutting down the hand of the said cab on his own and plucking the cab on the right side; (e) caused the victim to run the ma by facing the light of the A k-age-age-age-age-age-age-building; and (e) twice at the right floor of the victim, the victim was faced with approximately three weeks of the victim’s right bombed cl

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

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. A medical certificate of injury and records of outpatient treatment;

1. Investigation report (related to the verification of vehicle booms images);

1. Application of statutes on site photographs;

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 for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

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

2. The scope of the recommended punishment according to the sentencing criteria [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury [the scope of the recommended punishment] mitigation elements: the reduction area of punishment [the scope of the recommended punishment and the recommended punishment], the imprisonment for ten months through two years [the scope of the recommended punishment corrected according to the applicable sentencing]], and for one year and six months through two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and therefore the applicable sentencing range is set according to the statutory minimum of the applicable sentencing range).

3. Circumstances unfavorable to the decision of sentence: Violence or assault against the driver of an automobile in operation;

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