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(영문) 수원지방법원 성남지원 2017.09.28 2017고합164
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of 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 April 19, 2017, the Defendant was working on the back seat of a taxi operated by the victim C (the 62 years of age) at the 1stro-dong Si, Sungnam-si, Sungnam-si on April 19, 2017, and was working on the back seat of the taxi at the same time as the objective of the Defendant’s boarding on the back seat of the taxi at the same time, which is located on the front seat of the Dong-dong, Seonam-si, Sungnam-si, Seoul-si, and whether the Defendant, as stated in the former part, immediately before the entry into the high speed of the 5 minutes of the 47-ro, i.e., the Defendant “the flap of the opening spile,

The term “the victim is about to see” and “the victim is about to see the victim’s drinking, and the victim was stopped on the side of the road immediately, and the victim saw the victim’s trees, and plucked up the left hand hand of the victim resisting it, thereby causing an injury to the victim, such as 5 dump dump, which requires treatment for about 21 days.

Accordingly, the defendant injured the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation, a report on investigation (in the event of a crime, a criminal investigation report, a report on investigation (report on the confirmation of black stuffs), a report on investigation (verification of taxi traveling distance and the location of stopping, etc.), and a report on investigation (whether a taxi is in operation and hearing of statements from the victim concerned);

1. A medical certificate of injury (C);

1. Application of Acts and subordinate statutes 1 to field and damaged photo, photo of the scene of the crime, photo of the criminal scene, and photo of the criminal scene;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the punishment [the scope of the recommended punishment] set forth in Category 4 (Bodily Harm resulting from Violence by Drivers] shall not be punished (the scope of the recommended punishment], and ten months to two years (the area of mitigated punishment).

3. The crime of this case committed on the sentence of sentence is a vehicle in operation, which inflicts an injury on the driver of a taxi in operation.

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