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(영문) 대구지방법원 2013.08.02 2013고합170
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 March 30, 2013, at around 06:10 on March 30, 2013, the Defendant was boarding a D taxi driven by a victim C(55 years of age) in front of the Dong-gu market in Daegu-gu, Daegu-gu, Daegu-gu, and caused the front of the F cafeteria in Daegu-gu, Daegu-gu, 06:30 on the same day, but did not pay a taxi fee.

As the victim demanded to change the taxi fee, the defendant got a taxi fee, and the victim got a report to a nearby police station by driving the taxi, and the defendant was injured by the victim's face with drinking and hand-on four times, and the defendant was injured by the victim, such as chin, tension, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of the body part of the victim;

1. Application of Acts and subordinate statutes to an investigation report (Submission of a written diagnosis of injury to a victim);

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Criteria for types of punishment and of sentence [decision of types] violent crimes, Type 4 (Bodily Harm resulting from Violence by Drivers) of Violence Crimes: A mitigated area of minor bodily injury [Scope of Recommendation]: From October to two years (general person] : A serious reflective area;

(b) Scope of the revised recommendation: Imprisonment with prison labor for one year and six months to two years (in consideration of the lower limit of the applicable sentences in the law); and

(c) Criteria for the suspension of execution [main reasons for the suspension of execution] positive injury: Insignificant injury (general reasons for such injury): Serious reflective injury where the driver of a motor vehicle in operation is a victim;

3. One and half years of imprisonment with prison labor and two years of suspended execution; and

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