(영문) 대구지방법원 서부지원 2020.05.14 2019고합209

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자간(%)

(영문) 대구지방법원 서부지원 2020.05.14 2019고합209

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) was on board the head of D taxi operated by the victim C (the age of 57) in front of the B of the Doldong-gun (the age of 57) and was moving to the establishment of the Seongbuk-gun Branch Eup/Myeon Office in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, the Defendant took the victim’s bath at the time when the victim’s head was able to turn back to the direction to the right side of the taxi driver’s vehicle operated by the victim by hand and stopped the victim’s head in the direction to the right side of the taxi at the time when the victim’s head was stopped by hand, extracted the key of the said taxi, and then getting the victim’s hand back to the victim’s hand, dump and tension with other parts necessary to treat the victim.

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

2. On June 28, 2019, at around 00:28, the Defendant: (a) caused the victim C to stop a taxi, as described in paragraph (1) above; and (b) damaged the key of the taxi, boom connection of the cab, and cream cream to repair cost, and damaged KRW 70,000.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of diagnostic certificates and receipt statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

1. The following provisions of Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation:

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제2항

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