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(영문) 춘천지방법원 속초지원 2016.05.26 2016고합8
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 8, 2016, 21:55, the Defendant: (a) boarded the victim C (50 tax) in front of the Seocho-si branch office in the Seocho-si, Seoul High-si, Seoul High-si, Seoul High-si; and (b) went to the front of the Felel E in front of the victim, and (c) went to the front of the Felel E in front of the victim.

The Defendant, around 22:05 on the same day, arrived at the destination when passing the Felur.

The defective victim stated that "I am an apartment", and the victim is not required to inform where I am an apartment.

“The victim’s face was 11 times at the victim’s drinking while taking a bath for the victim of the defect, and the victim was assaulted by the victim, i.e., leaving the cab and walking the clothes of the victim following the victim, following the victim’s escape, thereby causing injury to the victim, such as cerebral typ that requires treatment for about 14 days.

Accordingly, the defendant abused the driver of a vehicle in operation, thereby causing the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the defendant (including the C's statement part);

1. Statement made by the police against C;

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 (resumed grounds for reduction of the amount of punishment);

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the scope of the punishment [the person who has been specially mitigated] No. 4 (the scope of the recommended punishment] [the scope of the punishment] imprisonment with prison labor for October to two (the area of mitigation) years: Imprisonment with prison labor for a year and six months from six months to six years [the sentence], and the crime of this case for a suspended sentence of two years is committed by assaulting the driver of a motor vehicle in operation of the defendant and causing injury.

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