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(영문) 대구지방법원포항지원 2020.12.10 2020고합96
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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2020, the Defendant: (a) on September 17:53, 2020, she boarded the victim’s face one time before the public parking lot in the north-gu B market at the port; (b) on the back seat of the passenger car operated by the victim C (Nam, 67 years of age); and (c) requested the victim who did not wear the make to wear the make to prevent cona infection 19 infection; (d) the victim she saw the victim as “shot, saw, saw, saw, saw, saw,” and saw the victim’s shoulder and face part in drinking; (d) the victim stopped the taxi and stopped the taxi; and (e) the victim sawed the victim’s neck with his/her off while selling the taxi.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation, and inflicted an injury on the victim, such as the base of 13 days of light, the scarcity, the scarcity, and the scarke, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Act and subordinate statutes to the police protocol of statement C: Voluntary report (on driver assault), internal investigation report (limited to attachment of photographs), photo of the damaged part, 112 reported case handling report, internal investigation report (in case of a victim's injury diagnosis report, etc.), injury diagnosis report, investigation report (Attachment to a black box image), photograph of the black stuff image, photograph of the black stuff image, CD of the black stuff image, investigation report (report on the contents of the black stuff image);

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Suspension of Execution of the Social Service Order Act (hereinafter referred to as "recognating favorable circumstances among the reasons for sentencing")

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] shall be limited to violent crimes. Violence crimes [the 4th category] bodily injury resulting from violence against a driver (the person specially punished].

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