logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.04.20 2017고합68
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant: (a) on the street near the mountain beach located in Ulsan-dong, Ulsan-gu, Ulsan-do; (b) on the front of the 201 unit of the ice apartment 201 unit, the Defendant: (c) on the part of the victim C’s D taxi that was aboard and was scheduled to pay the taxi fee to the said victim; (d) on January 20, 201, the Defendant did not pay the taxi fee to the said victim without paying the taxi fee; (e) on the part of the victim, the Defendant was driving the vehicle with the determination box located in the vicinity of Ulsan-gu, Ulsan-gu, U.S.; and (e) on the part of the said victim, the Defendant sold the following water of the said victim four times to the said victim while driving the vehicle with the determination box located in the vicinity of the said victim’s request for assistance; and (e) caused the said victim to be salted in need of light treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of a medical certificate of injury and the verification of a damaged taxi track);

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 among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 4;

(b) relatively minor injury or punishment of a person who has been specially mitigated;

(c) Scope of the recommended punishment and the area of special mitigation (five months to two years of imprisonment);

(d) One year and six months from six months to two years from the date of the revised recommendation (inasmuch as the scope of the revised punishment is lower than the lower limit of the applicable sentencing in law, it shall be based on the lower limit of the applicable sentencing in law);

3. Circumstances disadvantageous to the decision of sentence: The crime of this case is committed by assaulting the driver of a vehicle in operation and causing injury, which may cause an additional damage by causing a traffic accident.

arrow