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(영문) 대구지방법원 2014.07.25 2013고합493
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

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 January 20, 2013, the Defendant, at around 06:40, 06, 06:40, Da-gu, Daegu-gu, would drink the victim E (the victim E (the victim of 23 years of age) who was fright together and play alcohol on the front of the D road, and was dissatisfied with the victim's left-hand horse by gathering a brick, which is a dangerous object in India, brought a dispute with the victim, and the victim was faced with the victim's face.

In this way, the defendant got off the victim's treatment days in an influence and so on.

2. The Defendant laid down the brick, which is a dangerous object in India around that time, and destroyed the back glass of G-si owned by the victim F, the victim F, who was immediately behind E, thereby damaging KRW 1,105,81 to repair cost.

3. 피고인은 2013. 7. 2. 10:45경 대구 서구 내당동 대구호텔 앞에서 피해자 H(62세)이 운행하는 개인택시 I의 뒷좌석에 승객으로 승차하여 목적지인 대구 수성구 황금동 황금호텔 쪽으로 가던 중 대구 남구 봉덕동 봉명사거리에 이르러 술에 취한 상태로 피해자에게 “씹할 놈 죽여뿔라. 오늘 열 받았다”고 욕설을 하며 주먹으로 피해자의 우측 눈 부위를 1회 때려 피해자에게 약 10일간의 치료를 요하는 얼굴의 으깸손상을 가하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of H, F, and E;

1. photographs of victims, damaged vehicles, and photographs of criminal tools;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a medical certificate, written estimate), investigation report (Attachment of photographs stamped E for reference);

1. Articles 3(1) and 2(1)3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257(1) of the Criminal Act (the occupation of an injury to carry dangerous articles) and Article 3(1) of the Punishment of Violences, etc. Act.

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