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(영문) 대구지방법원 2015.12.11 2015고단4965
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On June 28, 2015, around 01:00, the Defendant moved a taxi driven by the victim D (the age of 66) to the 5 Dosan Complex, a destination, in front of the gas charging station located in Daegu Suwon-gu B, and the victim changed the taxi fee, and the victim changed the taxi fee, and the victim changed the taxi fee, “Y Y Y Y Y Y Y Y Y YY YY Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YYY YY YY YY YY YY YY YY YY YY YY YY YY YY

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Application of the Acts and subordinate statutes written in the on-site report of the violence case;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of applicable sentences under law] - One month or five years of imprisonment [the determination of a sentence] - Where the degree of violence is minor (including efforts to recover damage) - Where the degree of violence is minor (the first, six, and seven types of special imprisonment] - Where the driver of an automobile in operation of an aggravated element is assaulted (the determination of the recommended area) - [the scope of the recommended area] 1 to eight months [the scope of suspended sentence] - The main reasons for suspended sentence - The main reasons for suspended sentence / [the scope of suspended sentence of punishment ] 1 to eight months [the area of mitigated sentence] - The main reasons for suspended sentence - The main reasons for suspended sentence : Where the positive attitude of crime is minor (including efforts to recover damage) - the general driver of an automobile in operation: the positive reason for suspended sentence - the ordinary driver of a motor vehicle in operation - the ordinary driver of a motor vehicle in operation.

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