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(영문) 대구지방법원 김천지원 2017.10.18 2017고단915
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 4, 2017, the Defendant: (a) 22:02 around 22:02, on the ground that the Defendant was getting off from C-si in front of the G-si Sadong Saero Ga and opened the door fast, when the Defendant was punished by the victim D (61 tax) and Si expenses on one occasion with his left hand; (b) the Defendant was placed at the head of the victim; and (c) the victim was able to take this issue; and (d) the Defendant was on board the head of the said cab and was placed in the fright zone.

The defendant was found to have knife the victim's right-hand knife at the same taxi operating on the same day and at the same time during the dispute with the victim.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to property damage and black images);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and selection of imprisonment with prison labor for the crime under the relevant Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] and the aggravated area (4 months to 1 year) (the specially aggravated person] (the driver of a motor vehicle who assaultss the driver of a motor vehicle in the course of driving the motor vehicle) shall be limited to the aggravated area (one type);

2. On March 16, 2015, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court ( driver’s assault, etc.) and was sentenced to a fine of KRW 4 million several times for a crime of violence, and the Defendant repeated the crime of this case.

On the other hand, there are extenuating circumstances such as the defendant's confession of crime and the fact that the defendant has committed a mistake and agreed with the victim.

The punishment as ordered shall be determined by taking into account all the circumstances shown in the records and arguments of this case, such as the above circumstances and the degree of damage of the victim, etc.

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