logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.02.13 2014고합396
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On November 26, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Daejeon District Court on November 26, 2013 and three years of probation and is currently under probation.

【Criminal Facts】

On June 19, 2014, at around 00:20 on June 19, 2014, the Defendant was boarding the back seat of the F taxi driven by the victim E (the age of 51) in front of the Daejeon Dong-gu, Daejeon, and then was in front of G apartment, and the Defendant did not speak of the exact destination, and the Defendant expressed “Chewing” to the defective victim as “the victim would be Chewing”, “the driver seat the victim was seated by hand and sprink, and the victim’s head was knifeed by hand.”

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the injury of the victim, such as the control of the wooden part and the human salt for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of video laws and regulations recorded on investigation reports (Scambling images verifications) and black boxes CDs;

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

1. The defense counsel in the determination of the defense counsel's assertion of favorable circumstances for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Violence, etc. against Motor Vehicle Drivers) (1) Any person who assaults or threatens a driver of a motor vehicle in operation shall be punished by imprisonment for not more than five years or by a fine not exceeding 20 million won.

(2) A person who commits a crime under paragraph (1) shall be punished by imprisonment for a limited term of at least three years, and a person who causes death shall be punished by imprisonment for life or for at least five years.

(c).

arrow