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(영문) 의정부지방법원 고양지원 2017.02.03 2016고합256
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

around 22:40 on October 19, 2016, the Defendant: (a) boarded the Defendant’s house, which is a proxy engineer for the Government Viewing to 1, the Defendant, on the road in front of the Government Viewing to 3:5 passenger car owned by the Defendant; and (b) had been on the Defendant’s house located in E at the luminous seat of 3:15 on the same day; (c) at a point of 64 km away from the Gandong-gu, Seoyang-gu, Seoul, 441, at a point of 64 km in the direction of the Pandong-gu, Seoyang-gu, Seoul, Mayang-gu, Mayang-gu, the Defendant inflicted an injury on the victim, such as having no head in need of treatment for two weeks, by taking the victim’s face into drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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. 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 type of determination] the scope of the recommended punishment [the scope of the recommended punishment according to the sentencing guidelines] shall be four types of violent crimes [the person who is in charge of special sentencing] mitigation elements: In the area of minor injuries and punishment [the scope of the recommended punishment] special mitigation [the scope of the corrected punishment] from five months to two years [the scope of the corrected punishment] from one year and six months from six months to two years (the lowest limit of the recommended punishment according to the sentencing guidelines is lower than the lowest limit of the range of the legally applicable punishment, so the lower limit of the recommended punishment shall be governed by the applicable sentences under law]; and

3. Determination of sentence: A crime in this case for one year and six months of imprisonment, and two years of suspended execution shall be a crime in which the defendant assaulted the victim who was an engineer driving on his/her own vehicle and sustained injury;

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