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(영문) 춘천지방법원 원주지원 2017.05.22 2017고단302
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 4, 2017, 19:00, the Defendant was on the street in front of the “D cafeteria” located in the “D cafeteria,” and was in the vicinity of the entrance of the Defendant in the G apartment in the original city, and was in the vicinity of the above apartment, and was in the vicinity of the destination, without any justifiable reason, for the victim who was in the destination.

"At the end, the victim suffered injury, such as cerebral rheat, which requires approximately two weeks of treatment, by putting the back of the victim two times with the back of the floor and re-ing the inside part once again, to the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on diagnosis of injury, damage photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the sentencing guidelines recommended: In the case of assaulting crimes, the scope of the revised sentencing guidelines (one type): From 6 months to 2 years (the lowest limit of the recommended sentencing range is lower than the minimum limit of the applicable sentencing range in law, so the scope of the applicable sentencing range in law is lower than the minimum limit of the applicable sentencing range); and

2. The sentencing conditions, such as the defendant's age, sex, environment, family relation, motive and circumstances after the crime, shall be determined as ordered in consideration of the following circumstances and the defendant's age, sex, environment, family relation, and the like.

The defendant is at a disadvantage.

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