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(영문) 창원지방법원 2015.01.22 2014고합295
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 became final and conclusive.

Reasons

Punishment of the crime

On October 26, 2014, around 21:39, the Defendant: (a) boarded a taxi operated by the victim C(56 years of age) in front of the scream-dong of Changwon-si, and arrived at the same Gu, the destination of the Defendant; (b) when the Defendant paid KRW 4,800 to a foreign branch of the taxi, the victim refused the payment and demanded payment of the taxi; (c) the Defendant also went to the police station; (d) the Defendant was able to go to the police station; and (d) the victim was demanding the police station to move to the above taxi and operated the said taxi, and caused injury to the victim by assaulting the victim, such as the victim’s right side, the right side part of the front part of the knick-si, and shouldering the side part of the knick-si, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A written diagnosis of injury;

1. A report on the occurrence of violence;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of taxi booms, images to caps and CDs);

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. Application of the sentencing criteria [Determination of type] violent crime: Type 4 (Insignificant Bodily Injury by Drivers) (Insignificant Bodily Harm by Drivers) and the sources of punishment not (limited to the recommended area and the scope of recommending punishment], special mitigation area, five months to two years (Provided, That it cannot be punished less than one year and six months in prison, which is the minimum limit of applicable punishment in law, and therefore one year and six months shall be the lowest limit of one year and six months);

2. Determination of sentence: One year and six months of imprisonment with prison labor, and two years of suspended execution are the case where the defendant inflicts an injury, such as the wheels of the victim who was a taxi engineer driving a police station toward the taxi fee, due to a dispute over the taxi fee, and the assault against the driver is a dangerous act that may cause a traffic accident and may cause damage to many and unspecified persons, and the nature of the crime is not easy.

However, the defendant's mistake is recognized.

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