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(영문) 인천지방법원 2013.11.27 2013고합479
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

On July 20, 2013, around 09:45, the Defendant was boarding the F taxi driven by the victim E (year 61) in front of the main point of “D” in Gyeyang-gu Incheon, Incheon, and was going to a destination. At around 10:00 on the same day, the Defendant took a bath to the victim who is driving the said taxi without any justifiable reason at around 111, the Defendant was able to take care of the victim’s head debt by hand, and the victim’s head debt by hand with the hand, and the Defendant was able to take care of the victim’s head debt by hand.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and suffered the victim's second diagnosis in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the group of violent crimes, assault crimes, Type 4 (Bodily Injury to Drivers): In cases where minor injury, non-won of punishment [the scope of recommending area and recommendation] special mitigation area, five months to two years [the scope of modified recommendation] sentenced by the sentencing guidelines in June 1st and June, the scope of sentence recommended by the sentencing guidelines in June 1st and June, are inconsistent with the scope of applicable sentences by law, the upper limit or lower limit of applicable sentences under law shall govern; or

2 years;

3. Determination of sentence: The driver of a vehicle in operation for one year and six months of imprisonment or two years of suspended execution;

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