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(영문) 대구지방법원 2019.09.05 2018고단5439
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 15, 2018, at around 20:52, the Defendant was boarding a D cab operated by the victim C (the age of 40) in the vicinity of the Daegu Northern-gu B, Daegu Northern-gu, and was demanded by the victim to be imprisoned by the victim during the course of the road in front of the Daegu Northern-gu, Daegu Northern-gu, at around 21:00 on the same day, and the Defendant was able to take the shoulder of the victim by hand.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant committed an assault to injure the shoulder of the victim in operation while getting on and off a taxi. Considering the fact that an assault is committed against the driver in operation, the liability for the crime is not easy in light of the fact that it might lead to a traffic accident.

However, the fact that the defendant is living in custody and was sentenced once to a fine due to violence and injury during the remaining 15-year period, and there is no other force of punishment. The defendant's age, character and behavior, environment, circumstances before and after the crime, etc. shall be taken into consideration in determining the punishment like the order.

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