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(영문) 대전지방법원 2017.06.14 2017고합93
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 February 14, 2017, the Defendant: (a) committed violence to the victim, such as the victim’s head, and the victim’s two faces are knife, and the victim’s head, and the victim was knife at the back seat of the taxi driven by the victim C(43) in the Seo-gu, Seo-gu, Seo-gu, Daejeon. (b) on February 14, 2017, the Defendant took the back of the back seat of the cab driven by the victim C(43) without any justifiable reason under the influence of alcohol. (c) on the part of the victim, the victim was able to take the right side part of the victim’s head, and the victim’s face face part is hife with the two knife that the victim’s face part needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Arrest reports and investigation reports;

1. Application of an injury diagnosis certificate, and relevant photographic Acts and subordinate statutes;

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

2. The scope of the recommended punishment on the sentencing guidelines [the type of determination] the scope of the recommended punishment [the person causing violence to driver] Class 4 (the person causing special sentencing] mitigated elements: In the area of minor injury and punishment [the scope of the recommended punishment] special mitigation [the scope of the recommended punishment] from May to two years [the scope of the corrected punishment] sentenced to imprisonment for one year and six months from June to two years (the lowest limit of the recommended punishment is lower than the statutory minimum limit of the applicable punishment, and thus, according to the statutory minimum limit of the applicable punishment]; and

3. The Defendant, without any special reason, committed an assault against a victim who was driving a vehicle and caused injury to the victim. Such an act is not good in that it is highly likely to cause personal and material harm to many and unspecified persons due to large accidents.

However, the degree of injury of the victim is not relatively much severe.

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