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(영문) 대구지방법원 2020.01.10 2019고합437
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On October 27, 2019, the Defendant: (a) 16:22, around the Nam-gu apartment complex in Daegu-gu, Daegu-gu, the Defendant moved to the Dbrid vehicle driven by the victim C (the age of 41) and stopped in the order of signal from the Young Hospital distance located in the same roof-dong, and she left the bar due to the absence of braille guidance for the visually impaired in the above vehicle; (b) she saw the flag on the ground that there is no information for the visually disabled within the foregoing vehicle; and (c) saw the flag; (d) flag; (e) flag the victim’s face; and (e) flaged the victim’s face with fingers, and flaged the victim’s eye with each eye, thereby causing injury to the victim, such as damage to the face character of the face that needs to be

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint (including attached materials);

1. Application of Acts and subordinate statutes to a report on investigation (including the list of evidence Nos. 6 and attached materials);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of the recommendations according to the sentencing criteria - Scope of the recommendations [Determination of types] - Violence crime: [Type 4] the driver's bodily injury (special person] - The mitigation element: Minor injury [the scope of the recommendation field and the recommendation range] - mitigation area, imprisonment with prison labor for up to 10 months to 2 years [the scope of the recommendation range corrected according to the applicable sentencing range] - Imprisonment for a year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range in law is different from the applicable sentencing range).

3. Determination of sentence: The defendant shall be sentenced to one year and six months of imprisonment, and the crime of this case for three years of suspended execution;

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