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(영문) 대구지방법원서부지원 2020.11.19 2020고합224
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 became final and conclusive.

Reasons

Punishment of the crime

On February 15, 2020, the Defendant: (a) 03:05, on the part of the victim B (the age of 61) moved to C-si, which was operated by the victim B (the age of 61), brought an injury to the victim, such as dump dump dump, fump, tension, etc., in which the victim took a bath on the grounds that the victim did not take an internship; (b) dumped the back water of the victim on several occasions on the ground that the victim did not take an internship; and (c) dump dump dump, dump

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of the police testimony statement of each police officer in B and D, and the Acts and subordinate statutes governing victim photographs;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Reduction elements according to the sentencing guidelines: The scope of recommendation [decision of types] according to the sentencing guidelines shall be limited to the range of punishment [the scope of recommendation] reduced area, reduction area of punishment [the scope of recommendation] reduced area, ten months to two years [the scope of corrected recommendation] imprisonment, one year and six months to two years (the minimum limit of punishment in law).

3. The act of violence against the driver of a motor vehicle in operation, such as the instant crime, is not limited to an unlawful act of infringing the driver's body, but also an act of threatening the safety of pedestrians, other vehicles, etc., and the danger and possibility of criticism are high in that it may lead to a large-scale accident of human life damage.

Defendant’s recognition of the instant crime and reflects the instant crime, and seems to lead to any contingent crime under drinking.

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