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(영문) 창원지방법원 2019.05.02 2019고합45
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 00:50 on December 30, 2018, the Defendant: (a) boarded the back side of the apartment B at the window of Changwon-si, Changwon-si, which was operated by the injured party C (the age of 67) on the front side of the apartment, and had a dispute with him/her in his/her wife telephone call in the same city members E located in the same city where he/she is scheduled to destination; (b) requested the said injured party to return to the above B apartment room that he/she first boarded; (c) around 01:00 on the same day, the Defendant demanded the said injured party who was seated in the front side of the said taxi to return to the G room of Changwon-si, Changwon-si; and (d) without any particular reason, called “I would like to live in the Sejong-si, I would like to do so; and (d) made the said injured party's face at the right side of the said 23 times, and had him/her gambled for 14 days other necessary treatment.

Accordingly, the defendant assaulted the above victim who is the driver of the vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (related to the submission of a written diagnosis of injury to a victim, and the submission of a document of diagnosis of injury to a victim, and attaching photographs to the analysis of taxi booms and to the closure of a photograph;

1. Application of the Act and subordinate statutes to CDs for the storage of damaged photographs, injury diagnostic records, taxi internal booms photograph photographs, booms images;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The range of recommending sentencing guidelines: Imprisonment with prison labor for a year and six months to two years (the scope of recommending punishment): Violence crimes of Types IV (In 10 to two years) (special mitigation), mitigation area (the scope of special mitigation), minor bodily injury, and the range of final sentence revised according to the applicable sentences under the law in which no penalty is imposed: Imprisonment for a year and six months or two years (the scope of recommending punishment).

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