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(영문) 대전지방법원 2014.11.20 2014고합344
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2014, at around 05:05, the Defendant: (a) boarded the victim’s back seat at the seat of the head of the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu (5 years old) and moved to the victim’s back seat of the same Dong-gu, and (b) took a look at the victim’s moving to the victim’s back seat of the same Dong-gu, and (c) took a look at the victim’s seat near the destination, and she was injured by the victim’s sexual intercourse that requires approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of diagnostic certificates and relevant photographic Acts and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) of the suspended sentence;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing guidelines [Scope of Recommendation] Types IV (Aggravated Punishment: 5 months to 2 years of imprisonment), the area of special mitigation (a special mitigation) (a 2 and 4 years of imprisonment), the minor injury (a 2 and 4 years of imprisonment), the non-compliance with punishment (the scope of the revised punishment] imprisonment from one year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the statutory minimum limit of the applicable sentences), [a] the recommendation to suspend the execution of sentence - The recommendation to suspend the execution of sentence - Major prides: Insignificant injury, non-conformity with punishment - General pride grounds: a serious reflect - Where the driver of a motor vehicle in operation is a victim;

3. Determination of sentence: The crime of this case with a stay of one year and six months, which inflicted an injury on the driver of a vehicle in operation, which causes a traffic accident exceeding the infringement of legal interests of the victim.

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