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(영문) 대구지방법원 2019.05.23 2019고단1010

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:03 on February 16, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (hereinafter “Aggravated Punishment, etc. of Specific Crimes, etc.”) took a seat of the victim D(59 years of age) taxi driving E in front of the Daegu Northern-gu C Hospital located in B, and was scheduled for destination. “I am am fe. I am am. I am am. I am. I am am. I am. I am. I am. I would am am. I am. I am. I would am. I would am the victim’s face on the ground that the victim would not seem to

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. At around 00:08 on the same day, the Defendant expressed the victim H (age 49) who is a police official belonging to the said district, among the foregoing taxi drivers D, etc. in the Daegu Jung-gu Police Station G District District in Daegu-gu, Daegu-gu, Seoul-gu, and the victim H (age 49) who is a police official belonging to the said district.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H and D;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 311 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

The favorable circumstances: The facts of the crime are recognized and the errors are divided. The unfavorable circumstances that do not cause any damage are often those punished for the same kind of crime.