(영문) 대구지방법원 2017.07.04 2017고단2015

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(영문) 대구지방법원 2017.07.04 2017고단2015

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 27, 2017, the Defendant was boarding the back seat of the victim C(78) in the vicinity of the Samduk Fire Station located in Samduk-dong, Daegu on March 27, 2017, and was passing around the 11th half of the Daegu Dong-gu, Daegu-gu, the Defendant’s accurate destination from the victimized person during the period where he was living in the back seat of the victim C(78) and passed around the 16th half of the 16th month.

§ 40,000,000,000,00

The driver of a motor vehicle in operation was assaulted by "the driver of a motor vehicle in operation, such as booming the victim's head on two occasions with his/her hand while taking a bath."

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement of reference witnesses by the prosecution concerning C;

1. Photographs (the face of a victim shall be denied that the defendant has not assaulted the victim;

However, in full view of the above evidence adopted by this court, such as the statement in the investigative agency of the victim C and the victim’s face pictures taken immediately after the case, it is sufficiently recognized that the defendant used to assault the victim as stated in the facts of crime in the judgment.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 186(1) of the Criminal Procedure Act for sentencing [the scope of recommendation] of Article 186(1) of the Criminal Procedure Act / [the scope of punishment / [the person who is subject to special sentencing] of the basic area (2 months to 10 months) of the assault crime No. 1 [the person who is subject to special sentencing] / [the decision of sentence] of the defendant’s attitude of denying a part of the crime committed by assaulting the victim who is a st

However, all the favorable circumstances, such as the Defendant’s primary offender, the victim’s statement to the effect that he/she was suffering from the Defendant’s preemptive action in this court, and the contingent crime in the state of drinking, and the Defendant’s age, sex, environment, motive or circumstance of the crime, and circumstances after the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

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