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(영문) 대구지방법원 2018.02.02 2017고합552
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2017, the Defendant sent the victim E (51) who is a proxy engineer before the frequency of the “D” located in the Daegu-gu Seo-gu Seoul Metropolitan Government Office C on August 23:10, 2017, left the victim E (51 tax) who was a proxy engineer, and prevented the victim from taking a hand between his/her own bridge and his/her her bridge while driving his/her own Frop trop, while driving his/her vehicle on behalf of his/her own Frop trop, he/she saws the time when he/she prevented the victim from taking a hand between his/her bridge and his/her bridge, along with the bath theory.

The defendant continued to stop the vehicle on the side and reported it to the police station to get off the vehicle from the side, and when the victim gets off to the right side, "I will not move, I will am to the right side, and the victim's back water and side water will turn off."

As a result, the Defendant got a side of the two weeks back to the victim, which requires treatment for about two weeks.

2. A special intimidation: (a) on August 18, 2017, the Defendant, at around 23:40, threatened the victim by means of assaulting the Defendant before a restaurant located in Daegu Northern-gu G, and avoiding the body towards the rear side of the Defendant I (47 years old) of the drinking victim I (47 years old).

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and Article 5-10 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and Articles 284 and 283 (1) (a special intimidation and a choice of imprisonment with prison labor) of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier (limited to the extent that the punishment is aggregated with the long-term punishment of the above two crimes);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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