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(영문) 의정부지방법원 2017.04.26 2016고합536
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On October 10, 2016, the Defendant: (a) was driving in front of the first apartment of the Jeju-do, Jinyang-si (50 years old) on the roads of the victim C (50 years old) on the roads in front of the first apartment of the Jeju-do, Seoyang-si, Namyang-si; (b) was driving on the back of the D taxi; and (c) on October 11, 2016, the next day on October 1, 2016, on the ground that the victim did not answer questions, while he was driving on the roads in front of the chemical apartment located in Pyeongtaek-dong, Chungcheongnam-si, Namyang-si, Namyang-si; and (d) was able to look at the victim’s bat, with the victim’s own left hand, and was making it difficult to make the victim take the bat around the Defendant’s bat.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation, and inflicted an injury on the victim, such as acute spawnitis that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (the current status in the taxi in which the victimized person is in operation);

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

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing criteria [the types of determination], violence, Type 4 (Special Mitigation Elements) (Special Mitigation Elements of Drivers), minor minor injury and penalty [the scope of the recommended punishment], special mitigation area, period of five months to two years [the scope of the corrected punishment] imprisonment, one year and six months to six years (the lowest limit of the sentencing range recommended by the sentencing criteria is lower than the lower limit of the applicable sentencing range under the law, and the lower limit of the applicable sentencing range shall be set at the lower limit of the applicable sentencing range under the law).

3. Determination of sentence: Imprisonment with prison labor for a period of two years, violence against the driver of a motor vehicle running at the period of suspension of execution for a period of two years shall threaten not only the body of the driver but also the safety of pedestrians and other vehicles;

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