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(영문) 대구지방법원 김천지원 2018.08.21 2018고단450
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On April 14, 2018, the Defendant 10:42 around 10:42, 2018, on the front side of the Do-U.S. Do-dong (64) Do-si Do-si Do-si Do-si Do-si, and Do-si Do-si Do-si Do-si 17-ro Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si. The Defendant Do-si around the above 3-si Do-si Do-si Do-si Do-si around the above Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong. The Defendant Do-Si was a driver of a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of each Act and subordinate statute to black stuff photographs and CDs

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Where he/she commits assaults against the driver of a motor vehicle in operation in the basic area (two months to ten months) (special mitigation) (special mitigation) of the sentencing criteria/non-permanentized motor vehicle) of Category 1 (limited to the scope of recommended punishment).

2. The Defendant: (a) committed assault against a taxi engineer under driving.

Since violence against drivers, such as the crime of this case, has been caused by traffic accidents, and there is a high risk of human life damage, it is necessary to severely punish them.

The defendant has a record of criminal punishment for violent crimes on several occasions.

However, the defendant reflects the crime of this case.

The Defendant agreed with the victim smoothly.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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