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(영문) 서울북부지방법원 2020.01.10 2019고합380
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on October 7, 2019, the Defendant: (a) boarded the back of the C cab operated by the victim B (the age of 61) in the vicinity of the C cab in Ansan-dong Bridge to a destination; (b) on the same day on the grounds that at around 22:50 on the same day, the Defendant was shouldered the Defendant, who was on the front of the C cab in front of the Seoul Southern-gu, Seoul, by her hand, was killed by the victim, on the ground that she was able to shoulder himself/herself; and (c) on the back of the head part of the victim, she was inflicted an injury, such as chilled salt, tension, etc. for about 2 weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Each investigation report (the extraction and attachment of taxi boom images, hearing of statements by victims);

1. Application of the Act and subordinate statutes on the video management of black stuffs and to cover a course, diagnostic document, and taxi stuffs;

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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 fifteen years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who causes violence against a driver [type 4], the basic area of recommendation [the scope of recommendation area and recommendation range], the basic area of punishment, imprisonment with labor for not less than one year and six years to three years;

3. The crime of this case committed by the defendant is a matter of causing the injury of the victim by assaulting the victim while getting on a taxi operated by the victim. The assault against the driver of the motor vehicle is a very dangerous behavior that may cause a traffic accident and damage to many and unspecified persons, and the nature of the crime is heavy, and is highly likely to be socially criticized.

Even until now, the Defendant was unable to receive a letter from the victim.

However, the defendant recognizes the crime of this case.

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