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(영문) 대구지방법원 서부지원 2015.05.21 2015고합36
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2015, the Defendant: (a) around 19:40, the 157-ro, Seo-gu, Daegu Medical Center; (b) on the front way of “Tgu Medical Center” located in Seo-gu, Seo-gu, Daegu, 157, the Defendant: (c) was boarding a taxi as a taxi guest operated by the victim C (the age of 67) on the ground that the victim was erroneous paths; (d) was able to take the neck and face of the victim operating the said taxi on both hand on the ground that the victim was erroneous paths; and (e) caused damage to the victim’s reputation that requires approximately two weeks of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim C;

1. Application of each investigation report (in relation to the attachment of a black image, the attachment of a victim's photograph and a diagnosis document, with respect to the injured party's standing room), victim's photograph (Evidence No. 7), and each diagnosis document (Evidence No. 8, 9 of the evidence list);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter referred to as “the grounds for the suspension of execution”)

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

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Reduction factors of Category 4 (Bodily Aggravated Injury to Drivers): In cases of assaulting the driver of a motor vehicle in operation (the scope of recommending punishment), basic area of the motor vehicle (the scope of recommending punishment), and one year and six months to three years.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and the crime of this case for two years of suspended execution is committed by the defendant by taking the neck and face of the victim who was driving a taxi in good hands, and by drinking the victim's injury at the time of this part of this part, which is in operation of the vehicle.

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