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(영문) 대구지방법원 서부지원 2020.05.07 2019고합249
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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2019, at around 04:50, the Defendant was on board the C cab that the injured party B (the aged 47) driven on the adjacent road of the Seocho-gu Daegu Nam-gu, Daegu-gu on November 2, 2019. On the ground that the injured party was in the vicinity of the gold bar distance in the Sungdong-gu, Seogu, Daegu-gu, and expressed the Defendant’s desire to “drain what is???????????????????????????????????????????????????????????’s face

Therefore, when the victim stops a taxi and reported to the police to get off the taxi, the defendant was found to have the victim's snow with the victim's knife and the head of the knife.

As a result, the Defendant abused the driver of an automobile in operation, and inflicted an injury on the victim, such as fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Reduction elements of the punishment according to the sentencing guidelines (the determination of types) shall be limited to the range of recommending punishment according to the sentencing guidelines (the lowest sentence applicable to the punishment in law shall apply, although the number of special mitigation factors is two).

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and the suspension of execution for three years, the act of violence against the driver of a vehicle operating together with the instant crime shall be committed against the driver's personal body.

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