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(영문) 대구지방법원 포항지원 2015.03.09 2015고합7 (1)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2014, around 22:49, the Defendant was under the influence of the Defendant on the back of the victim C (the 63-year-old) driver’s d taxi operation (the 63-year-old) in the vicinity of the new apartment unit in the Nam-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and was under the influence of the Defendant, at around 23:11 on the same day, and was under the influence of the Defendant, “I am, I am, I am, I am, I am, I am, I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., I am., am., I am.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits of Dismissal of Application for Compensation (the scope of Defendant’s liability for compensation is unclear and it is deemed unreasonable to issue an order for compensation);

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Sentencing (Scope of Recommendation) 1 and 6 months to 2 years (the lower limit of the punishment by law shall apply to the case of a lower limit of the punishment by law) for the mitigated area (10 months to 2 years of imprisonment) (2 years of imprisonment), for the crimes of assault.

3. Determination of sentence shall be made in the same manner as the disposition, taking into consideration the following factors: (a) the defendant who made the determination of sentence: (b) made the confession of the fact of crime that he/she has committed the crime; (c) the victim does not want the punishment; (d) the degree of bodily harm of the victim is minor; (e) the defendant has no record of punishment other than the fine; and

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