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(영문) 대전지방법원천안지원 2020.11.27 2020고단472
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 5, 2019, at around 00:20, the Defendant, on October 5, 2019, 200: (a) boarded a taxi that is operated by the victim C (Nam, 39 years of age) in the vicinity of the B apartment near the Yanancheon-si, and stopped for the signal signal at the intersection near the astronomical basin; (b) urged the victim to calculate “I will return to ice, if you will pay back to ice, and if you will pay back fees,” and (c) assaulted the victim’s clothes by drinking in six times.

Summary of Evidence

1. C’s self-written statement;

1. Application of the Acts and subordinate statutes by reporting an investigation (a summary, etc. of receipt of the case), taking a damaged photograph, etc., and capturing a black stuff image;

1. Grounds for sentencing under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the same Act concerning the relevant criminal facts;

1. Aggravation of the types of violent crimes according to the sentencing guidelines [the range of recommendations] according to the sentencing guidelines, [the category 1] ordinary assault (the special appearance]: In cases of assaulting the driver of a motor vehicle in operation (the scope of recommendations and recommendations] (the scope of recommendations] increased area, and four months to one year and six months;

2. An offense is highly dangerous in that it may cause large-scale accidents to assault drivers who are in operation of sentenced vehicles;

The defendant, while under the influence of alcohol, assaulted a driver with a trial fee, and the degree of assault shown in evidence can not be deemed to be somewhat weak.

There has been no effort to recover damage.

There are many kinds of violent crimes which have been punished several times.

In the process of investigation into the location of this court, the police officer's contact was not present in the court.

(See the Majority Opinion’s position and character, environment, motive, means and consequence of the crime, and other various circumstances revealed in the trial process, including the Defendant’s age, character and behavior, the environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence as ordered shall be determined.

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