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(영문) 대구지방법원 포항지원 2019.06.13 2019고단388

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on March 29, 2019, the Defendant: (a) stated that the victim was able to take a 55-year fluench of the Korean bank located in the north-gu, North-gu, North-gu, the Defendant: (b) stated that the victim, who was operating the said taxi, was able to take a brush about the destination from the victim who was able to take a brut about the destination; (c) 4 times the victim’s face face level as drinking; and (d) again, at around 03:02 of the same day, she expressed the victim’s desire to read “the victim was brut, brud; (d) 4-5 times the victim’s face level as drinking.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112 Reporting case management table;

1. Application of each statute on photographs;

1. Relevant Acts concerning facts constituting an offense and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the punishment is selected.

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Aggravation elements for ordinary assault [Class 1] general assault (Special Aggravation] according to the sentencing guidelines: In cases of assaulting the driver of a motor vehicle in operation (type 1), the area of aggravation [the area of recommendation and the scope of recommendation], the area of aggravation of punishment, four months to one year and six months.

3. The execution of a sentence shall be suspended only once, taking into account all circumstances, such as the defendant’s career and environment, including the details and result of the crime of sentencing and the fact that the defendant has a past record of several times of punishment due to violent crimes, including one time of suspended sentence. The execution of a sentence shall be suspended only once, by taking into account the following: (a) the defendant’s mistake is against the defendant; (b) the defendant appears to be a contingent crime