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(영문) 대구지방법원 2013.07.12 2013고합200
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 01:35 on December 11, 2012, the Defendant, in front of the drinking house called "D" in the same Gu, was a proxy engineer for the victim E (37 years of age) who was in front of the drinking house called "D" in the same Gu C, and had the Defendant drive the F vehicle under his/her ownership on behalf of the Defendant on behalf of his/her residence, and had the Defendant drive the F vehicle under his/her ownership on behalf of his/her residence, and had the victim use the F vehicle under his/her ownership on behalf of his/her residence, and had the victim take the front and rear parts of the vehicle under his/her

As a result, the Defendant used violence to inflict bodily injury on the victim, such as dynasium, tension, etc. in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

2. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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. 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. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Sentencing guidelines for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [Determination of Penalty], violent crime group, assault crime, driver's bodily injury (type 4] mitigation element] - Minor injury, penalty reduction element (general person) mitigation element] - serious reflectment [Scope of Recommendation Penalty] - Imprisonment with prison labor for October through two years;

(b) Scope of the revised recommendation: Imprisonment with prison labor for a year and six months to two years (in consideration of the lower limit of the applicable sentencing); and

(c) the criteria for probation [major reasons] positive - minor injury, non-conformity with punishment (general reasons) - positive - positive - neither serious reflective nor more criminal records of stay of execution, if the driver of a motor vehicle in operation is a victim;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and

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