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(영문) 대구지방법원 김천지원 2013.08.14 2013고단790
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. On May 14, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Aggravated Punishment, etc. of Specific Crimes) (Crime A, Violence, etc.) was on the road front of Eju located in Gumi-si, Gumi-si, and on the G-si operated by the Victim F (Age 58) G-si, on the ground that the victim was not well aware of the “H”, which is the Defendant’s destination at which the Defendant was the Defendant’s destination, the Defendant was able to shot up two times for the victim’s neck, and a part of the victim’s face one time by drinking.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. On June 6, 2013, around 01:10, the Defendant: (a) expressed that the Victim C (the 52-year-old-old-old-year-old-old-old-old-old-old-old-old-old-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-

Accordingly, the defendant suffered from the victim's 30-day medical treatment, resulting in the victim's emotional injury or injury to the victim's emotional injury that requires 30-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing [decision of type] Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violation of the Aggravated Punishment, etc. of Specific Crimes)] (Crime of Violation of the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.)]: Violence crime.

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