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(영문) 대구지방법원 2020.08.19 2020고단1276
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

피고인은 2020. 2. 14. 00:10경 대구 달서구 B빌딩 앞 도로에서 피해자 C이 운행하는 D 택시에 승차하여 목적지로 가던 중 피해자가 목적지를 다시 물어본다는 이유로 욕설을 하며 주먹으로 피해자의 머리를 1회 때리고, 오른손으로 피해자의 목을 움켜쥔 채 왼손 주먹으로 피해자의 머리를 수회 때리는 등 폭행하였다.

Accordingly, the Defendant assaulted the victim under driving.

Summary of Evidence

1. Investigation report (Attachment of On-the-spot photographs, such as violence, etc.) on the defendant's legal statement C, investigation report (Attachment of a photo of the victim C) on the investigation report (Attachment of a photograph of the victim's victim C) of the defendant;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is an assault against a victim driven by a defendant, with heavy liability for such a crime, and even if there was a past record of the suspended sentence of imprisonment in 2009 and 2014 as the same crime, the crime of this case again leads to the crime of this case. Considering the fact that the defendant is led to the confession of the crime of this case, and the fact that the victim has not been punished against the defendant upon agreement with the victim, the crime of this case shall be considered as a favorable sentencing ground. Taking into account all other circumstances such as the defendant's age, circumstances leading to the crime, specific attitude of the crime, and the circumstances after the crime

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