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(영문) 대구지방법원 포항지원 2016.08.22 2016고합53
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 20, 2016, around 20:10, the Defendant was getting on the string of the taxi operated by the victim C(58 tax) in front of the Eup/Myeon office located in the Nam-gu, Yongcheon-gu, Seoul at the time of port. On June 20, 2016, the Defendant sent a bank with the face of the victim one time, who was in possession of the victim E in the vicinity of the road located in D without any particular reason.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and brought about about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (related to attaching taxi booms images);

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

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The basic area (one year and six months to three years) (no person in special sentencing) of the sentencing criteria [the scope of the recommended punishment] set forth in the four types of assault crimes.

3. Determination of sentence: (a) the Defendant, who led to the confession of the fact of the crime, reflects his mistake; (b) the degree of injury is relatively minor; (c) the Defendant has no previous conviction in the past ten years; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (c) the sentencing factors indicated in the arguments of the instant case, including the circumstances before and after the instant crime, shall be determined as ordered by taking

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