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(영문) 창원지방법원 통영지원 2021.03.25 2021고합3
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

On August 31, 2020, the Defendant assaulted the victim's face at 3 times on the hand of the victim on the ground that he was moving to the back seat of C-si operated by the victim B (V) in the vicinity of the National Health Insurance Service (VV) on August 18:51, 2020, while moving to the back seat of C-si operated by the victim B (V, South Korea, 47 years old). On the other hand, the Defendant assaulted the victim at 3 times on the hand, and continued to use the victim's face by hand during the passage of E-road in the city of si D, and caused the damage to the knife of the knife who is operated by the victim.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and inflicted injury on the 14-day chills, tensions, to be treated for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in B;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to report internal death (Attachment of a medical certificate of injury);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

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

2. Scope of the recommended punishment according to the sentencing guidelines [type 4] Violence crime: Where the driver's injury [including a serious effort to recover damage] or considerable damage has been restored [the scope of the recommended punishment and the recommended punishment] mitigated area, ten months through two years [the scope of the recommended punishment corrected according to the sentencing guidelines] imprisonment for one year and six months through two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range is set according to the law applicable sentencing range).

3. Determination of sentence: This case shall be one year and six months of suspension of execution, and three years of suspension of execution;

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