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(영문) 대구지방법원 2017.02.08 2016고합583
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 27, 2016, the Defendant: (a) committed an act twice as the Defendant was placed on the part of the victim’s head at around 18:20 on August 27, 2016; (b) the Defendant started driving at a bus terminal located in Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-dong, on the ground that the Defendant, in the course of entering and departing from the said bus stops, a cub D operated by the Defendant, on the ground that the cub f-day traffic bus of the victim E ( South, 50 years old) entering the said bus was rapidly driven; and (c) the Defendant was trying to find the victim’s body at the time of the collision with the above bus, with the victim’s head at once again; and (d) the said bus stopped by signal; and (e) when the said bus stops in the air, the Defendant tried to drive the bus at the time of the collision with the Defendant’s body.

Accordingly, the Defendant assaulted the victim, who is the driver of a motor vehicle in operation, and inflicted on the victim about two weeks of medical treatment, and inflicted an injury on the right shouldered salt in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the scope of the punishment [the scope of the recommended punishment] shall be limited to the area of special mitigation (one month to two years) (the person who has been specially mitigated) (any minor injury or punishment shall be limited to five months to two years);

3. The sentencing criteria by the applicable sentences of law shall be the criteria; and

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