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(영문) 서울서부지방법원 2014.01.09 2013고합386
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 14, 2013, at around 23:55, the Defendant moved to the northwest of the Han River located in the village of Yongsan-gu Seoul, Yongsan-gu, Seoul, while getting on the back seat of the Dsi operated by the victim C (the age of 46) and getting on the back seat of the Dsi operated by the victim C, the Defendant saw the victim as his hand on the ground that the victim gets on the back of the mobile phone and gets on the back of the mobile phone, and gets off the victim's head, knife the victim's head, knife the victim's head, knife the other hand, and knife the knife face, and knife the chest part of the victim's chest reported to the police from the car one time to the drinking.

Accordingly, the defendant injured the victim while driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts;

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

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following).

1. The scope of recommendations on the sentencing guidelines [the determination of types] within the range of recommendations [the scope of recommendations in the sentencing guidelines] used to commit assault and bodily injury [the person who is a special person] to be mitigated - the minor injury, non-guilty [the scope of recommendations] to be mitigated / [the scope of recommendations] to be mitigated / 1 year and 6 months to / 2 years [the scope of sentences to be mitigated / 10 years to 2 years of imprisonment, or 1/2 of special persons who are to be mitigated / so the minimum of the above sentencing range shall be mitigated to 1/2, but the minimum of the sentencing range of the mitigated recommendation (one year and 6 months of imprisonment) is lower than the minimum of the applicable sentencing range (one year and 6 months of imprisonment) under the law, and therefore the minimum of the applicable sentencing range under the law].

2. Determination of sentence;

A. The Defendant assaulted a taxi engineer operating a vehicle to injure the taxi and caused injury.

Violence events against such drivers are committed by the driver himself.

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