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(영문) 대구지방법원 포항지원 2014.08.25 2014고합56
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 00:30 on May 29, 2014, the Defendant: (a) went home on the back page of the fenz car owned by the Defendant and returned home on the back page of the fenz car owned by the Defendant, who is a proxy driver (the 53 years of age) on the road of “D” entertainment drinking club located in Nam-gu, Nam-gu; and (b) around the time the said car proceeds near the 7th country of Yongsan-gu, North-gu, Yongsan-dong, the Defendant was drinking on the ground that the victim’s audio sound was lowered, making 3 times the victim’s timber and back head part of the 10-day area of the fencing movement.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

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. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the group of violent crimes, assault crimes, types 4 (Specially Bodily Aggravated Injury to Drivers): In the event that minor injuries, non-conformity with punishment (including serious efforts to recover damage), or significant damage has been recovered (the scope of the recommended sentence] from May to two years [the minimum limit of the sentence recommended from the sentencing guidelines shall be mitigated by 1/2] [the minimum of the sentencing range recommended from the sentencing guidelines] (the minimum of the mitigated sentence range shall be mitigated by 1/2 in the case of imprisonment (one to two years) and two special mitigations].

3. Determination of sentence: A favorable condition shall be that the defendant, who has been sentenced to one year and six months of imprisonment, two years of suspended sentence, led to the confession of the fact that he committed the crime and repents his wrongs, his wife is relatively less severe, his agreement has been reached with the victim only smoothly, and the defendant has no special criminal record in addition to the fine.

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