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(영문) 대구지방법원 김천지원 2016.05.31 2016고합41
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 March 23, 2016, the Defendant, at around 21:45, 21:45, on the front side of the flying Dong office that was driven by the victim C (51) with passengers aboard a D taxi steering by the victim C (51), was under the influence of alcohol and was under the influence of alcohol to the victim, and was under the influence of alcohol, and was under the influence of alcohol, resulting in an injury to the victim, by taking about about two weeks of entry into the part of the victim due to the left hand hand, and by taking about one time, the Defendant suffered from the brea and tension of the pipe and the part of the sponse part in need of approximately two-

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 report internal investigation (related to attachment of a medical certificate) and medical certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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. The Defendant and his defense counsel’s assertion of the Defendant and his defense counsel under Article 62(1) of the Criminal Act, which are favorable to the reasons for sentencing, asserts that the sentence should be mitigated pursuant to Article 10(2) of the Criminal Act, on the ground that the Defendant was in a state of mental and physical weakness due to the influence of alcohol at the time of the instant crime.

It is recognized that the Defendant was drinking at the time of committing the instant crime.

However, in light of the following circumstances: (a) the process and process of the instant crime, the means and method of the instant crime, the Defendant’s behavior before and after the instant crime was committed; and (b) the Defendant had the weak ability to discern things or make decisions due to drinking at the time of the instant crime.

It is not visible.

Therefore, this part of the defendant and defense counsel cannot be accepted.

The crime of this case for sentencing is committed by assaulting the victim while getting on a taxi that the victim drives, and causing injury to the victim. In light of the details and methods of the crime, the crime and the circumstances of the crime are heavy, and the defendant still has to be punished.

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