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(영문) 대구지방법원 경주지원 2013.05.03 2012고합146
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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2012, at around 21:30, the Defendant: (a) was on the front of the Dongcheon-dong market in Dongcheon-dong, Dongcheon-dong, the Defendant: (b) stopped the said taxi at the seat of the victim C (the 69-year-old driver); (c) was at the seat of the Defendant, and (d) was at the seat of the said taxi, and the victim stopped the said taxi at the seat of the Defendant; (b) the Defendant was able to see the Defendant that “Is the said cab without a taxi, I would like to see that I would like to see the victim as “Is the flish at the Cheongcheon-dong prison.” (b) The Defendant saw the victim as the victim’s her h

In order for the victim to stop the above taxi at a safe place, the defendant driven the above taxi and moved the taxi to a route near the king of the king and west-dong of the racing, and the defendant tried to see the victim's eye by hand after putting the victim's eye on his hand. The victim moved to the above taxi to the front side of the west-dong of the racing, while moving to the front side of the police box in order to make a report while the victim spaw away, and moving to the above taxi to the front side of the police box in order to spawn down the spawn, and when the defendant spawn down the horses to the front side of the police box, and spawnd down the victim's entrance and kn with the escape of the victim.

Accordingly, the Defendant committed assault to the victim who is operating a taxi vehicle as above, thereby resulting in the victim's booming and staleing around the snow that requires treatment for about two weeks.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. C’s legal statement;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes on a medical certificate and a receipt of medical expenses for outpatient hospitalization;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

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