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(영문) 대구지방법원 김천지원 2014.05.23 2014고합2

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2013, at around 01:39, the Defendant: D that was driven by the victim C(50 years of age) on the front road of the 'Am beauty art room', which was driven by the victim C(50 years of age) in front of the 'Am art room', and was set off in the front of the 'Am art room', which was driven by the victim C(50 years of age), and was set off at the seat of the Defendant at the seat of the destination of HG taxi, and stopped, but the victim was able to wait for about 2 to 3 minutes. However, on the same day, the Defendant returned to the taxi and returned to the taxi, on the ground that it was possible for the victim to wait for only 2 to 3 minutes, and then, on the same day at around 01:44, the Defendant abused the victim's following the passage of the victim, which was driven by the victim three times at the left end.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the suspect examination protocol of the accused by the prosecution;

1. Statement C in the second interrogation protocol of the defendant against the defendant at the police;

1. Statement to C by the police;

1. Police internal investigation report (whether the other party hospital for the victim has been submitted, whether a medical certificate has been submitted, direct reasons for the violence victim), investigation report (ex-site situation, suspect's statement, etc.);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of the 112 Report Receipt and Handling List;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [the scope of punishment] The reasons for sentencing under Article 62(1) of the Criminal Act [the scope of punishment] shall be from 1 year and 6 months to 15 years [the decision of type] Crimes, Violence Crimes, and Type 4 (Bodily Injury to Drivers): No mitigated element: No aggravated element: [the scope of recommendation] [the scope of punishment] imprisonment with prison labor for not less than 1 year and 6 months to not more than 3 years (basic area], there is no aggravated element: [the criteria for suspension of execution] [the main reasons for suspension of sentence] There is no negative element: Where there is minor attitude of crime [the general reasons for writing]