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(영문) 수원지방법원 안양지원 2016.05.13 2016고합18
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

On December 2, 2015, the Defendant, at around 22:00, was on the Cheongdo-dong, on the part of the Defendant, who was on the part of the victim E, and was on the part of the victim E, on the part of F, who was on the Cheongdo-dong, in front of the Cheongdo-dong, and was on the part of the Defendant, who was on the part of the victim E, suffered from an injury in need of medical treatment for about 10 days, such as the damage of the scam scam and the scambling.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the types of violent crimes, assault crimes, and four types (any person who is subject to special sentencing], minor injury and punishment not falling under the sentence [the scope of the recommended punishment] from five months to two years.

3. Determination of sentence: The crime of this case with one year and two years of suspended sentence for one year and six months is committed by assaulting the victim and causing injury to him/her, and the criminal liability for the crime is not less strict in that it is highly dangerous to cause large traffic accidents, and the defendant has been punished by assaulting the driver in the past.

However, the degree of injury suffered by the victim is relatively minor, and there was no additional damage such as traffic accident due to the crime of this case, and the injured person does not want to be punished by the defendant by mutual consent with the victim.

In addition, the defendant is contingent.

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