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(영문) 대구지방법원 포항지원 2020.01.09 2019고합75
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:05 on August 16, 2019, the Defendant: (a) was driving at the back seat of D-si in the front seat of the victim C (year 51) around B-gu B-dong at the port of port, and the victim stopped the taxi in accordance with the red name of the cross-section, and (b) called “F in the north-gu E at the port of destination,” called “f at the port of destination,” and called “f at the end of which signal is violated,” and the victim continued to sit at the right end of the victim’s body when the victim stops in the front road located in G-gu at the port of port of port at the end of 01:15 on the same day; (c) three times at the right side of the victim’s seat being driven with the Defendant’s seat at the end of the port of port of port; and (d) the victim stopped the back head of the vehicle to let the Defendant get off, and (d) the victim’s body and the victim made the victim’s bath to the right part of the victim’s body.

이어서 피고인은 택시 운전석에서 내리는 피해자를 따라 내린 후, 손으로 피해자의 멱살을 잡고 주먹으로 피해자의 얼굴을 1회 때린 다음 도주하려고 하였고, 이에 피해자가 피고인을 붙잡자 오른발로 피해자의 오른쪽 무릎을 3회 걷어찼다.

As a result, the Defendant inflicted bodily injury on the victim in taxi operation, such as the need for treatment for about two weeks, the pelvis, and the pelvis of the unknown parts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of internal investigation reports (related to the submission of photographs, such as the upper part), investigation reports (Attachment of a victim's vehicle booms, images, and caps by cutting) and investigation reports (related to the submission of a written diagnosis of injury of the victim) to statutes;

1. The former part of Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 of the Criminal Act:

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