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(영문) 대구지방법원 2016.07.08 2016고합236
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 30, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) took a taxi driven by the victim C (55 years) in front of the Gyeongbuk-dong Development Project located in the Gyeongsan-si, Busan-si, and went to the Dong-gu, Daegu-gu, Daegu-gu, which is a destination, and her driver was driving on several occasions due to drinking and drinking.

As a result, the Defendant assaulted the driver of an automobile in operation and suffered injury such as salt, tension, etc. in the trend that requires approximately two weeks of treatment.

2. The Defendant damaged property by walking the studio, the victim-owned in a taxi at the date and time specified in paragraph 1, and at a place specified in paragraph 1, thereby damaging the 40,000 won of the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate and quotation of 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 point 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 (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the sum of the long-term punishments of two crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes, is added

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from June to six months;

2. Scope of recommended punishments on the sentencing criteria: Imprisonment with prison labor for up to two months from May to March.

(a) Crimes No. 1 (Assaults) (Scope of recommending Punishment) / Crimes No. 4 (Bodily Injury resulting from Violence to Drivers) / Sub-Crime No. 4 (Bodily Injury to Drivers)

(b) second offence (damage).

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