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(영문) 대구지방법원 경주지원 2017.06.30 2017고합22
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 7, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.) was boarding the D taxi operated by the victim C (61 years of age) and was in front of the Defendant’s home in the racing-si, and was demanded by the victim to pay the taxi fare from the victim, the victim’s occupation spread by hand and the victim’s head knife by hand, and the victim’s head knife knife knife knife knife knife knife knife knife.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury of the salt of the waterside to the right side in need of treatment for about two weeks.

2. The Defendant concealed property at the above date, time, and at the above place, exceeded the victim’s market value on the part of the victim, while assaulting the victim, and was unable to find it out at a distance from the window of the above taxi, thereby undermining its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report internal investigation, report on investigation (a diagnosis of injury submitted by a victim C and a receipt for repair of safety) and report on investigation (to listen to the details of damage inflicted by the other party to the victim);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing violence to a driver), and Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria;

(a) Category 1:

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