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(영문) 대구지방법원 2014.07.25 2014고합192
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 28, 2014, at around 21:20, the Defendant was boarding the seat of the victim C (V) in the seat of the Daegu-dong Bank near Daegu-dong, Daegu-dong.

On March 28, 2014, at around 21:30 on March 28, 2014, the Defendant: (a) asked the Defendant, who is lying him in the instant taxi where he was in the signal atmosphere, that he was able to see the victim’s head, who was frighten from the victim’s head, and caused injury to the victim, such as the inside, on the inside, the part, and the fright of the part, which requires approximately two weeks of medical treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of injury diagnosis certificates, each investigation report (including attached documents);

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. 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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for sentencing") is [the scope of punishment] The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as "the reason for sentencing"), 1 year and six months to fifteen years [the decision of a sentence] violence crime: In minor injury, non-afforcing [the decision of a recommended area] special mitigation area / [the decision of a recommended area] five months to two years [the scope of a recommendation] special mitigation area / 5 months to five months [the general mitigation area] : Whether a serious half [the suspension of execution] - Where the driver of a vehicle in operation is a victim of a vehicle, - Where the driver of a vehicle in operation is a victim of a motor vehicle, - The reason for general participation - The general participation : Imprisonment with prison labor and serious reflect [the decision of a sentence] 1 year and six months, and the defendant committed violence to a taxi in the suspension of execution.

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