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(영문) 대구지방법원 경주지원 2017.01.13 2016고합86

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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2016, the Defendant was under the influence of alcohol on the back seat of D-si operated by the victim C(46 years old) at the Seobol-si taxi platform located at Seobol-si, Seobol-si, Pyeong-si, P.C. on October 31, 2016.

피고인은, 위 택시가 경주 대학교를 지날 무렵 오른발로 피해자의 오른쪽 옆구리 부위를 3 ~ 4회 걷어차고, 조수석 목 받침대를 수회 걷어찼다.

At around 00:01 on November 1, 201, the Defendant continued to run a drinking house on the right side of the victim while the si was “when her, when her, when she was her, when her, after the lapse of the light name of the light-dong at the time of racing.” The Defendant continued to run a drinking house on the right side of the victim.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation, and brought about the victim with a scarcity after the chest 10-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the investigation report (related to the verification of taxi booms), photograph of a black boom image, investigation report (related to the attachment of a medical certificate), diagnostic report, investigation report (Attachment to taxi boom CDs), CD 1 statute

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. The scope of the recommended punishment according to the sentencing guidelines [type of determination] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, the minor injury and punishment [the person who is subject to special sentencing] [the scope of the recommended punishment] [the scope of the punishment] shall be five months to two years (the minimum of the sentencing range recommended in the sentencing guidelines shall be mitigated to 1/2, since there exist two or more special mitigation areas and special mitigations)] [the scope of the revised recommended punishment] 1 year and six months to two years (the lowest of the sentencing range recommended in the sentencing guidelines).