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(영문) 수원지방법원 성남지원 2020.04.27 2020고합45
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

On February 14, 2020, from around 00:40 to 01:00, the Defendant: (a) around the above-mentioned 1 underground road located in the 97th square of Sungnam-si, Sungnam-si, the Defendant: (b) demanded the victim B (the age of 62) to take a right-way and take a right-way at Csi operated by the victim B (the age of 62) so that the victim would not be able to take a right-way; (c) was able to take the victim’s right-hand part of the victim’s refusal to take a right-way; and (d) continued a dispute with the victim who stopped the said taxi while taking a right-hand part, and suffered injury, such as the victim’s face, head, and head, three times, knene, and kne, which require the victim’s treatment for approximately two weeks.

Summary of Evidence

1. Application of Acts and subordinate statutes to police statements, on-site photographs, investigation reports (deficial D phone calls), investigation reports (informating an injury diagnosis and change of applicable provisions of Acts and subordinate statutes), and investigation reports (Attachment to B of B video files) to B;

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 law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the decision of types] the scope of violent crimes [the fourth category] the driver's bodily injury [the scope of the recommended punishment] mitigated elements: the mitigation area of punishment (the scope of the recommended punishment and the recommended punishment], the imprisonment for ten months to two years [the scope of the recommended punishment corrected according to the applicable sentencing] shall be sentenced to imprisonment for one year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range shall be set according to the statutory minimum limit of the applicable sentencing range); and

3. The Defendant sentenced the sentence to death by assaulting a driver in a taxi in operation.

The assault against the driver of a motor vehicle is not only the safety of the non-motor vehicle driver.

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