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(영문) 서울북부지방법원 2020.06.12 2020고합99
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 23:00 on March 6, 2020, the Defendant boarded the victim C(73 years of age) on the street in front of Seoul Special Metropolitan City, Nowon-gu, and started to move to the opening of Guro-gu Seoul Metropolitan City, a destination. Without any reason, the Defendant, without any reason, got injured by the victim’s face, such as the chilled chills and tensions, which require approximately two weeks of treatment to the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement to be prepared;

1. A report on occurrence of an accident and a criminal investigation report (the statement of the police officer present at the same time);

1. Application of Acts and subordinate statutes of evidence photographs, injury diagnosis reports;

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 concerning the crime

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Act on the Suspension of Execution (The following grounds for sentencing) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of types) [Type 4] used to commit violent crimes against a driver's bodily injury (special person). The mitigated elements of punishment (the scope of the recommended area and the recommended punishment): Reduction areas; the mitigated scope of punishment; the imprisonment from October to two years (the scope of the recommended punishment corrected according to the sentencing guidelines]; the imprisonment from June to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable to a case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range); and therefore, the applicable sentencing range under the law shall prevail);

3. The crime of this case by which the sentence of sentence is rendered is not limited to the illegal physical violation against the victim who is the driver of the vehicle, but also to the life, body, etc. of a third party who caused a traffic accident, etc.

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