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(영문) 대구지방법원 2013.10.25 2013고합430
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 became final and conclusive.

Reasons

Punishment of the crime

On August 17, 2013, the Defendant: (a) around 00:40 on August 17, 2013, when he was seated at the head of F-si operated by the victim E (the age of 59) on the front line of the D, Daegu-gu, Daegu-gu, Daegu-gu, he was faced with the victim’s face about 14 days, and he was able to receive approximately 14 days from the snow pool and the eye around the snow.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Sentencing Criteria for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [Determination of Punishment, etc. of Specific Crimes] - Injury by a driver [Special Convict] - mitigated elements: Minor injury, Non-Mitigation of Punishment (Determination of Recommendation Area] / Imprisonment with prison labor for 5 months from 2 years from 5 months to 2 years from 3 years from 5 months from 5 months from 3 years from 5 years from 5 years from 10 years from :

(b) Scope of the revised recommendation: Imprisonment with prison labor for a year and six months to two years (in consideration of the lower limit of the applicable sentencing); and

(c)Criteria for probation [main reasons for probation] positive - minor injuries or criminal punishment without any history, negative - negative - where the driver of a motor vehicle in operation is a victim, positive - serious reflective -

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and

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