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(영문) 광주지방법원 목포지원 2020.05.21 2020고합23
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 March 17, 2020, around 23:33, the Defendant was boarding D taxi operated by the injured party C (ma, 53 years of age) in front of the B apartment commercial building located in Ypopoposi, and the Defendant was able to take the victim’s head by holding the victim’s head, without any justifiable reason, at around 23:43 on the same day, at around 23:43 on the top of the 2km-si National Highway of Saman-gun, Saman-gun-gun, Taean-gun, Sampo-gun, the 2km-do National Highway No. 2nd of the 3:43.

As a result, the Defendant assaulted the victim, who was in operation, who was the driver of the above taxi, and inflicted injury on the victim, such as damage to the character of the other parts necessary for treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the laws and subordinate statutes for the storage of taxi boxes;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and 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 the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the crime of violence [the category 4] the driver's injury [the person who is a special person] mitigated element of mitigation: In the case of minor injury (the category 2 and 4), the non-conformity of punishment (including serious efforts to recover damage), or considerable damage (the scope of the recommended area and the recommended punishment] the area of special mitigation, five to two years (the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment with prison labor for a year and six months (the scope of the recommended punishment corrected according to the applicable sentencing guidelines] and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is in case where the lowest limit of the sentencing range in the applicable sentencing guidelines is inconsistent with the statutory applicable sentencing range).

3. The crime of this case committed by the defendant in operation shall be committed by assaulting the driver of a taxi on several occasions.

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