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(영문) 대구지방법원 서부지원 2016.06.16 2016고합71
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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2016, the Defendant: (a) 17:30 on March 27, 2016, on the ground that the Defendant was boarding a victim C (60 years of age) on the front of the bus stop located in Seogu Daegu-gu, Daegu-ro, 318-1 on the rear seat of the bus stop located in the 318-1 (60 years of age) of the Dsi and was living in the lower seat of the Dsi, Seogu, Seogu-gu, Seoul-gu. on the ground that the Defendant would have asked the destination of the victim.

In other words, the victim's face was humped with two arms, and the victim's face was humped by drinking, and the victim's right shoulder was humped by several times, and the victim was humped by several times, which requires one week of treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

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 of a medical certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity (hereinafter “the grounds for sentencing”)

1. Grounds for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”), which is favorable to the reasons for sentencing

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. The scope of the recommended punishment [the type of punishment] (the scope of punishment) No. 4 (the person causing violence to a driver) - The sources of punishment for minor injury to mitigation elements [the scope of the recommended punishment] Special mitigation field / [the scope of the recommended punishment] imprisonment with prison labor for not less than one year and six months, but not more than two years (the imprisonment with prison labor for not less than ten months, which is the lowest limit of the recommended sentence range, shall be in accordance with the law applicable sentences, since the ten months of imprisonment with prison labor, which is the minimum limit of the legally applicable sentencing range, is shorter than

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the Defendant’s crime of this case is a crime which threatens not only the driver but also the traffic of the road and the safety of citizens, and serious damage to the life and property of the people who are in serious danger.

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