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(영문) 전주지방법원 2020.02.13 2019고단746
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 02:50 on January 2, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) set the victim D (the age of 68) driving of the victim D (the age of 68) who was on board a customer temporarily stops in order to let the defendant get out of the said taxi, and set off the door to the driver's seat after getting out of the said taxi and opened the door to the driver's seat and opened the door to the driver's seat one time as a drinking part of the victim's face.

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

2. 상해 피고인은 위 일시, 장소에서 피해자가 위 택시에서 내리자, 피해자의 멱살을 잡아 수회 밀치고, 왼손으로 피해자의 멱살을 잡고 오른손 주먹으로 피해자의 얼굴을 수회 때리며, 고개를 숙인 피해자의 얼굴을 발로 수회 걷어찼다.

After leaving the victim above the floor, the defendant continued to walk the victim's face and body part at several times, thereby causing injury to the victim, such as cutting the body body of the right-side body, which requires approximately nine weeks of treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning investigation reports, photographs of damaged parts, internal investigation reports (Attachment to the 112 Report Processing Statements), 112 Report Processing Statements, black stuffs image photographs, and black stuffs image reproduction CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Category 1 (Determination of Punishment) (Bodily Injury);

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