logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.06 2020고합496
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 became final and conclusive.

Reasons

Punishment of the crime

On April 9, 2020, around 02:26, the Defendant was boarding the back seat of the taxi operated by the victim C (the age of 61) in Gangnam-gu Seoul, Seoul, and was living in the back seat of the taxi operated by the victim C (the age of 61), and as the result, the victim and the Si expenses were caused by the taxi charge, the Defendant was at least one time at the right hand floor of the victim, and there was a ophum string in the inside of the well-being which requires approximately two weeks of treatment.

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

Summary of Evidence

1. Application of the photographic Acts and subordinate statutes to the Defendant’s legal statement C’s written diagnosis of injury to the Defendant’s legal statement

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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 guidelines [the scope of the recommended punishment] shall be [the type 4] the driver's bodily injury (the person who is a special person] mitigated element of mitigation: the driver's bodily injury (the type 2 and 4), the penalty not (including serious efforts to recover damage) or considerable damage therefrom (the scope of the recommended area and the recommended punishment] special mitigation area, five to two years (the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment with prison labor for a year and six months through two years (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable punishment under law), and therefore the minimum limit of the applicable punishment under law shall apply).

3. Determination of sentence: One year and six months of imprisonment with prison labor, and two years of suspended sentence are the crimes of this case committed by the Defendant with the snow part of the victim who driven the vehicle, and such acts are likely to lead to a large-scale traffic accident beyond an infringement on the driver’s body.

arrow