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(영문) 전주지방법원 2015.05.28 2015고합36
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on September 6, 2014, the Defendant: (a) taken a taxi located in the back seat of the victim C (56 years of age) in front of the Yel Apartment apartment located in the front of the front of the Yel apartment located in the Yan-gu, Yan-si, Jeonju-si; and (b) without any justifiable reason, performed so as to mean, “I am, spher, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, and sphere at the victim’s face on a single hand; and (c) found the victim with a stone in the vicinity of the Yan-si.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Medical certificates and medical records;

1. Application of the statutes governing photographs of victims;

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 (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Grounds for sentencing under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act;

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

2. The scope of recommendations on the sentencing guidelines [the determination of types] and the scope of recommendations on the sentencing guidelines (the scope of recommendations] set forth in Category 4 (Bodily Injury by Drivers) - mitigated elements of punishment [the scope of recommendations] - imprisonment with prison labor for 10 months to 2 years (the scope of modified recommendations] [the scope of punishment corrected] imprisonment for 1 year and 6 months to 2 years, and so the scope of sentences recommended in the sentencing guidelines are inconsistent with the scope of the applicable sentencing guidelines set forth in law, and thus, the lower limit of the applicable sentencing under law.

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