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(영문) 대구지방법원 포항지원 2017.06.22 2017고합32
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 26, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.) was removed from the victim’s damage by breaking the call 1 set up in front of the taxi and the digital operational record meter at around 21:00, when the victim took aboard the 'D bath located in North-gu C at the port of Posing on February 20, 2017, in the front of the F taxi located in the north-gu C at the port of Posing.

The Defendant, as a drinking, frightened the victim's inside part of the victim, once, and frightened the victim's upper part of the victim's upper part of his upper part of his upper part of his upper part, thereby making up an open wound and shoulder open to the victim, which requires medical treatment for about two weeks.

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

2. The Defendant damaged property at the above time, at the same place, by generating the NAS and digital operational recording meters, thereby damaging approximately KRW 1 million for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of the Act and subordinate statutes governing the investigation report (related to the submission of a written diagnosis of injury and a written estimate for damage), the investigation report (related to the attachment of a photograph of a crime), and the motor vehicle booms and video USB for committing a crime;

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. The application of the sentencing criteria.

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