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(영문) 대구지방법원 2014.05.27 2014고단1399
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was committed by the Defendant on February 22, 2014 at the front of the Dong-gu, Daegu-gu, Daegu-gu, on the street that the victim C (the age of 67) driven.

At around 21:50 on the same day, the Defendant sent the Defendant, who was in the vicinity of the Daegu Suwon-gu Mang-dong, to the police station, the Defendant was at the time of drinking the victim’s right side of the drunk.

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

2. The Defendant, in violation of the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) and in the process of assaulting the victim at the aforementioned time and place, threatened the victim by stating that the victim “nickly knife the knife (the knife length shall be 21cm and 11cm in knife length), which was on the taxi floor located on the taxi floor, should be taken away from the back of the Defendant’s back bags, and by threatening the victim.”

3. On February 22, 2014, at around 21:50 on February 22, 2014, the Defendant damaged the Defendant’s backdated in front of the F District located in Daegu Suwon-gu E, so that the Defendant required KRW 5,000 of the cost of repairing the taxi meter owned by the victim who was placed in the f District in the f District of the said taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Seizure records;

1. Studio-studio, damage-proof photographs, excessive photographs in a taxi;

1. Application of the receipt statute

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Articles 283 (1) and 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long term of each crime);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Criminal Act, the suspension of execution;

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