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(영문) 대구지방법원 2016.09.23 2016고합347
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 became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2016, the Defendant: (a) 128 km away from the starting point of the Busan-do, Daegu-gu, Daegu-gu; (b) 203:50, the Defendant was boarding a taxi for D business purpose that the Victim C (53) driveed on the roads near the Si-gu, Daegu-gu, Daegu-gu, and went to the Eup/Myeon in the Posi Sea, and (c) 128 km away from the starting point of the Busan-do, the Defendant was driving on the ground that the speed of the driver was slowed.

In the end of "I am on the back of the victim, I am on the back of the victim, I am on the back of the victim's 6 to 7 am on the back of the victim, and am on the part of the victim."

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and suffered about two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (verification of the details of the taxi stuffs, images, recording, etc.);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. Subject to the sentencing guidelines, the scope of the recommended punishment [the type of determination] to be mitigated [the person who is in charge of special sentencing] Class 4 of violent crime: Minor injury or non-guilty (the scope of the recommended punishment]: Imprisonment with prison labor for May to 2 (the area of special mitigation] (the scope of the recommended punishment]; The major reasons for taking into account whether the person falls under the scope of suspended sentence]: positive injury - the reasons for general circumstances of minor injury and non-permanent mitigation of punishment: where the driver of a motor

3. The lower limit of sentencing is lower than the lower limit of the statutory applicable sentencing range, inasmuch as the lower limit of the sentencing range recommended by the applicable sentencing criteria by the statutory applicable sentencing range is lower than the lower limit of the applicable sentencing range, the lower limit of sentencing is set by law as the applicable sentencing range (one year

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