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(영문) 대구지방법원 포항지원 2017.06.08 2017고합19
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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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

around 20:15 on January 27, 2017, the Defendant boarded the victim C (55 years of age) in front of the point of the square at the new bank located in the north-gu dong at the port, and went to the front of the school-based apartment room. On the same day, at the entrance of the apartment site at the port of the north-gu Posium at the port, the Defendant: (a) without any reason, on the part of the victim, on the part of the victim, at around 6 times in a treatment period; and (b) on the part of the victim, the Defendant: (c) on the part of the passenger; (d) on the part of the passenger at the entrance of the apartment site, the Defendant: (d) on the part of the passenger; (e) on the part of the passenger, on the part of the passenger; (e) on the part of the passenger, on the part of the passenger, on the part of the passenger; and (e) on the part of the victim, (e) on the part of the police, the 2nd taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attachment of damaged photographs), a criminal investigation report (related to attachment of a taxi straw drive drive drive drive), a criminal investigation report (related to attachment of estimates for damage), and a criminal investigation report (related to confirmation of counter-victims);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the punishment is aggregated with the long-term punishment of the crimes above two crimes) of the same Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Application of the sentencing criteria;

(a) Category 1 (Assault):

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