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(영문) 제주지방법원 2014.05.29 2014고합33
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

Criminal facts

On January 23, 2014, around 22:05, the Defendant was driving in E-si operated by the victim C (year 45) who was operating with the Defendant’s house in front of the community hall located in Jeju-si, and was driving in three times on the inside of the victim who was driving the said taxi on the ground that the victim does not take the direction of the direction of the Defendant.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and brought about about two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. An investigation report (information on hearing statements by a victim);

1. A written diagnosis of injury (C);

1. Application of statutes on damage situations and 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 concerning the crime

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

3. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing).

4. Probation and community service order Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

5. Article 32(1)3, Article 25(3)3, and 4 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (A deposit) (Article 32(1)3, and Article 25(3)3 and 4 of the Act on Special Cases Concerning the Settlement of Lawsuits, etc. (A deposit) recognizes the fact that the defendant repaid 1.2 million won to the victim with the agreed amount, etc. on May 19, 2014 for the victim after prosecution. In light of these circumstances, the reason for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The application of the sentencing guidelines [decision of types] shall be sentenced to the recommendation that has been modified for 5 months from May to 2 years from imprisonment with prison labor in case where the driver's injury (type 4) was injured by violence (special person) (type 4), mitigated element - minor injury or considerable damage was recovered (decision of the recommended area] mitigated area (decision of the recommended area).

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