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(영문) 대구지방법원 포항지원 2015.11.16 2015고합95

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

At around 01:20 on June 24, 2015, the Defendant tried to get off the said taxi when the victim was going to go to the police box while driving the scam and going to the scambling at the scam, which is a taxi driver, at the front of the Don-dong located in the north-dong at the port of port, and the issue of payment of taxi expenses. The Defendant tried to get out of the said taxi while driving the scam at the scam and trying to get off the scam. Accordingly, when the victim gets off the scam under the influence of the scambing with the driver, the Defendant was unable to get out of the vehicle, the victim's scambling of the finger for about 10 days by shouldering the scambling hand of the victim's scambling for 10 days.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

2. Criteria for sentencing [Scope of Recommendation] Types 4 (Bodily Injury resulting from Violence to Drivers) ( Imprisonment with prison labor for not less than 10 months up to 2 years) (special mitigation) shall not be imposed.

3. The crime of this case where the sentence of sentence was determined is committed by assaulting the driver of a vehicle in operation and causing injury to the driver of the vehicle in light of the circumstances of the crime, method of the crime, etc. However, considering the following factors, the punishment of the defendant is determined as ordered by comprehensively taking account of the following factors: (a) the defendant led to the confession of the crime; (b) the victim does not want the punishment of the defendant; (c) the victim does not want the punishment of the defendant; (d) the defendant does not have any record of punishment other than the fine; and