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(영문) 대구지방법원 포항지원 2015.11.16 2015고합96

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 May 21, 2015, the Defendant: (a) around 00:05 on May 21, 2015, the Defendant sought to open the door of a vehicle being driven at the nearest area of the YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-si, and tried to take the front door of the vehicle being driven at the YY-gu, YY-gu, YY-gu, YY-gu, Y-gu, YY-gu, Y-gu, YY-gu, Y-gu, Y-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu, YY-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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, which was determined to be sentenced, was committed by the Defendant by assaulting a victim operating a taxi and causing injury to him/her, which is minor, resulting in a large-scale accident and resulting in a large risk of causing damage to life and property of many and unspecified persons. However, the crime of this case is determined as ordered in consideration of the fact that the Defendant led to the confession of the crime, his/her mistake against himself/herself, and that the Defendant is not punished by the Defendant in consultation with the victim, etc.