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(영문) 대구지방법원 2019.07.17 2019고합183
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

Reasons

Punishment of the crime

On January 5, 2019, at around 21:40, the Defendant was boarding the back seat of the victim D(54 years old) in front of the Daegu-gu “C” restaurant located in B, and was going to the back seat of the G school located in F, a destination, while without any particular reason, he saw the victim to take a bath, such as “pump taxi.”

Accordingly, the victim filed a report 112 and continued to operate as a destination. The Defendant, on the ground that the victim’s report is bad, brought an injury to the victim, such as brain salv, which requires approximately three weeks of medical treatment, by making it difficult for the victim to go through sound, such as “Nhhhhn in this bom far, the end of the farb,” on the ground that she was reported to the police, and caused the victim to suffer injury, such as brain salvine, which requires approximately three weeks of medical treatment.

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

Summary of Evidence

1. Legal statement of witness D;

1. Each investigation report (for voice recording submitted by the victim D, attaching a list of 112 reported cases) and a list of 112 reported cases, respectively;

1. Application of Acts and subordinate statutes, such as a written diagnosis and treatment;

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. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The gist of the argument is that the Defendant did not directly take the head of the victim who is driving a taxi, and the victim left the taxi due to the victim's return to the road without having the right to destination, making the cab stopped, and only caused only one back part of the head of the driver's seat on one occasion.

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant.

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