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(영문) 대구지방법원 서부지원 2015.04.09 2015고합13
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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2014, around 19:55, the Defendant inflicted an injury upon the victim, i.e., e., spawal fared in the spawal basin in Daegu-ro 258, Seo-gu, Daegu-ro, and 258, where the victim C (58 years of age) moved in front of Eropis that the victim C (58 years of age) drives, while boarding the said bus, while taking a bath for the victim, the Defendant inflicted an injury on the victim, i.e., the victim’s head head, who is operating the said urban bus due to U.S., requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigative report (influorics of a violence fluor and attachment of CDs), caps of the fluore of the violence fluor;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter referred to as “the grounds for the suspension of execution”)

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Reduction elements of the sentencing criteria (including persons who have committed violence against a driver) Category 4 (Bodily Pecuniary Punishment): Reduction elements of punishment (including serious efforts to recover damage) (the scope of recommending punishment), reduction scope of punishment, and imprisonment with prison labor for October or two years.

3. Determination of sentence: One year and half months of imprisonment, and two years of suspended execution are highly dangerous acts that may cause serious damage to life, body, or property of many and unspecified persons by causing a traffic accident; the defendant recognizes and reflects the crime of this case; the degree of injury suffered by the victim seems to be relatively minor; and the defendant does not want the punishment against the defendant by mutual consent with the victim, and others favorable to the defendant.

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