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(영문) 대구지방법원 2018.03.16 2018고합57
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 January 10, 2018, the Defendant: around 17:45, around 3, 2018, the 3rd in Daegu Northern-gu, Daegu-gu, Daegu-gu, where the victim C (75 years of age) was aboard the Do-si and tried to open the taxi door in front of the third apartment complex of the Dong-gu, Dong-dong, which was operated by the victim C (75 years of age). On the ground that the victim was prevented from opening the taxi door in front of the third apartment complex of the Dong-dong, the Defendant was 4 times off the victim’s side gate and 9 times the victim’s face by drinking.

As a result, the Defendant inflicted bodily injury on the victim, such as sugars, which had no one in two open to provide approximately two weeks of medical treatment.

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 a report on investigation (Attachment of a medical certificate of injury);

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. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. The scope of the recommended punishment on the sentencing criteria [the type of determination] and the scope of the punishment [the person causing violence by driver] Class 4 (including a serious effort to recover damage) or where considerable damage has been recovered from the source of punishment (including the scope of the recommended punishment] and the mitigated area of the punishment [the scope of the corrected punishment]: Imprisonment with prison labor for not less than 10 months but not more than 2 years (the scope of the corrected punishment corrected] for not less than one year and six months and not more than two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the lower limit of the applicable sentencing range under the law, and the lower limit is set the lower limit of the applicable sentencing range under the law).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution against taxi drivers, which may cause secondary damage such as traffic accidents, and the Defendant is subject to criminal punishment of fines on several occasions for violent crimes similar to the instant crimes in the past.

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