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(영문) 대구지방법원 2014.01.10 2013고단6378
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 23:50 on October 27, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) asked the victim “Fatt” in front of “Fatt” located in Daegu-gu B, Daegu-gu, which was operated by the victim D (the age of 66) as a customer to the head of E-si and was scheduled to be a destination. The victim asked the victim “Fatt” to “Iatt Iatt Iatt, Iatt Iatt Iatt, Iatt Iatt Iatt Iat, Iatd the victim’s face while driving a taxi on one occasion, and assaulted the driver of a motor vehicle with the victim’s shoulder clothes and KONnatt in his/her hands.

2. The Defendant damaged property at the same time, at the same place, by drinking for the foregoing reasons, the following: (a) the 406,000 Won of the market price, which is the victim’s possession of the above cab, was damaged by taking the back-up and call terminal at one time, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the written estimate for damage;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act and choice of imprisonment with prison labor for each crime;

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

1. Although there are a large number of violent crimes against the defendant with the reason for sentencing under Article 62(1) of the Criminal Act, the punishment as ordered shall be determined by taking into account all the circumstances that include the defendant's age, character and conduct, environment, health conditions, and conditions of sentencing, including the defendant's age, character and behavior, health conditions, etc.

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