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(영문) 대구지방법원 포항지원 2021.01.14 2020고합98
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 9, 2020, the Defendant: (a) 22:10 on October 22, 2020, the victim C (son, 67 years of age) boarding the back seat of the D taxi operated by the Defendant (hereinafter “F oil station”) in the south-gu Seoul metropolitan area, and was under the influence of alcohol on the road, such as a signal, etc. in front of the “F oil station” located in the south-gu city in the port area E, and was under the influence of alcohol, and was frighted twice by walking the victim’s neck and head on two occasions; (b) the victim’s face part was frightd twice in drinking; and (c) the victim was frightd by drinking the Defendant’s arms at the end of four times, and caused the victim’s injury, such as dump, which requires approximately two weeks medical treatment.

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

Summary of Evidence

1. Application of the police statement to the defendant's legal statement C, report on the occurrence of the injury, diagnosis report, internal investigation report (the statement of a shote), 112 report processing table, investigation report (the confirmation and attachment of the black stuff image), black stuff images, and CD-related Acts and subordinate statutes

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. 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 shall be considered for the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing as follows)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 4] violent crime [the scope of the recommended punishment [the scope of the recommended punishment and the recommended punishment] refers to the lower limit of the statutory applicable sentencing range] from 6 months to 2 years (the lower limit of the sentencing range recommended in the sentencing guidelines is set by law. The lower limit of the sentencing range recommended in the sentencing guidelines is set by law.

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