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(영문) 대전지방법원 천안지원 2021.01.20 2020고합195

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2020, around 00:36, the Defendant sent D in order to move to the Asan City, an Asan City, which was located in B, in front of the “C” restaurant, on the ground that the F taxi driven by the victim E (the remaining, 57 years old) was late, and the Defendant was dissatisfied with the victim.

Defendant 1 listened to the horses for the above H that the victim left the taxi at around the time when the above taxi was in front of Asan City, and led the victim’s face 2-3 times by hand, and 2-3 times by hand as the victim stopped, and the victim stopped, 2-3 times by hand, and 2-3 times by her head and head, and her head were taken by her hand.

As a result, the Defendant assaulted the victim on driving, and inflicted an injury on the victim, such as dump dump, tension, etc. that requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of E and H;

1. A written statement of assault damage of E;

1. Investigation report (to be accompanied by video recording materials of the F taxi stuff that is submitted by a victim);

1. Notification to the department related to the report of 112 case;

1. An injury diagnosis certificate (E) I member;

1. Operational history E and the content of text messages (any text sent by a witness H to the victim);

1. Application of the Act and subordinate statutes to the field photographs of the instant case, F taxi stuffs photographic video data photographs;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the 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 [type 4] violent crimes [type 4] There is no injury or injury (special sentencing person] caused by a driver's assault] (the scope of the recommended area and the scope of the recommended punishment] basic area, one year and six months through three years of imprisonment.

3. Determination of sentence: Imprisonment;