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(영문) 대구지방법원 2020.05.08 2020고합2
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

On August 21, 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 Drivers), etc. (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) (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, etc.) was boarding a D taxi in the vicinity of the Daegu-gu B market, Daegu-gu B market, and was passing through a road near the Daegu L/C-dong B road in the middle of the Daegu

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. On August 21, 2019, at around 23:10, the Defendant illegally using a vehicle: (a) intending to take the victim, as described in paragraph (1), in front of the Felon in Daegu Suwon-gu E, and, without the consent of the victim, she stopped the said taxi, landed from the driver’s seat, and reported 112; and (b) she driven the said taxi to move about about 100 meters to the front road of the H association located in the same Gu G, while driving the taxi.

Accordingly, the defendant used the victim's automobile temporarily without the victim's consent.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to C and I;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a medical certificate to a victim C);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 331-2 of the Criminal Act concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

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. The Criminal Act, the suspension of execution;

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