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(영문) 대구지방법원 2019.03.28 2018고단5321
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 17, 2018, at around 22:13, the Defendant: (a) was boarding the back seat of a private taxi operated by the victim B (the 54 years of age) on the road located in Seo-gu, Seo-gu, Daegu; and (b) was able to open the back seat of a private taxi and receive the victim’s request to close the door from the victim around the time when the said taxi passed due to the new age located in the Daegu Suwon-gu, Daegu-gu, the Defendant used the victim’s face once again; (c) continued to stop the taxi on the front road of the same Gu, and (d) assaulted the victim at two times at the right side of the victim by drinking the taxi.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of B’s written laws and regulations;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records of this case, including the following circumstances and Defendant’s age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the sentence as ordered.

A favorable circumstances: The facts constituting an offense are recognized and the mistakes are divided. Circumstances unfavorable to the extent of damage that do not include the degree of damage are not agreed with the victim (the victim does not want the agreement).

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