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(영문) 대구지방법원 2020.04.28 2020고단567
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 26, 2019, at around 14:30 on December 26, 2019, the Defendant: (a) on the street in front of “C” located in Nam-gu, Daegu; (b) demanded the head of E-si to turn to the left at a place where it is impossible to proceed to turn to the left at the destination; and (c) demanded the victim to turn to the left at a place where it is impossible to proceed to turn to the left at the destination; and (d) demanded the victim to turn to the left, the Defendant respondeded the victim’s schep, s

Accordingly, the Defendant assaulted the victim under driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Probation and community service order Article 62-2 of the Criminal Act does not fit the nature of a defendant for the reason of sentencing, and it is against the disadvantage of the defendant, such as the fact that there are not less than 20 times criminal records, including the same kind of crime, and the defendant is committed. The punishment as ordered shall be determined in light of all the favorable circumstances, such as the defendant's age, environment, means and result of the crime (the degree of violence), circumstances after the crime, health conditions, etc.

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