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(영문) 대구지방법원 2019.09.27 2018고단5104
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for 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 October 21, 2018, the Defendant, at around 21:00, boarded the back seat of E-si in front of the C cafeteria located in Daegu-gu, Daegu-gu, 2018, was driven by the victim D (the age of 65), and subsequently arriving in front of the Korea Electric Power Corporation located in the Daegu-gu, Daegu-dong, the destination of which is the Korea Electric Power Corporation branch, the destination of which, and requested the victim to pay the taxi fee, the Defendant expressed the victim’s desire to “the victim, who will be flap, flap, and blap, who will be dead if the flap meets with one another.”

계속하여 피고인은 피해자가 위 택시를 인근 지구대로 운행하자 주먹으로 피해자의 뒷머리를 수회 때리고, 피해자가 피고인의 폭행으로 더 이상 택시 운행이 어려워 택시를 정차하자, 발로 피해자의 다리를 수회 걷어찼다.

Accordingly, the defendant assaulted the victim who is a driver of a motor vehicle.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Reports on internal investigation and investigation reports;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] violent crimes [No person who has a general assault [No person who has a special assault] [the area of recommendation and the scope of recommendation], the basic area of the punishment, and February through October.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

There was no agreement with the victim.

A favorable condition: A confession was made by an investigative agency.

It is an initial crime that has no particular criminal power.

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