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(영문) 대구지방법원 김천지원 2019.07.10 2019고단426
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 21, 2018, at around 01:00, the Defendant: (a) moved the victim D (the age of 49) (the driver of the vehicle in operation) (the driver of the vehicle in operation) on behalf of the victim to the North Korean-Eup of the same Gun, and then, (b) took the knife to the victim due to the dispute between the victim and the charge; (c) when the victim returned the vehicle to the place of departure; and (d) when the victim returned the vehicle to the place of departure from the place of departure from the place of departure on the road of the Nam-gu US forces located in the Gumi-si, Sinsi; and (d) when putting up the vehicle to the victim, the Defendant sawd the victim, who is the driver of the vehicle in operation, cut off the victim’s face with his/her hand, cut off the knife, and assault the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes to photograph booms image images, such as assault sub-fluor photographs and sub-fluoric shot photographs, etc.;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general assault [Class 1] - The mitigated elements: In cases of assaulting a driver of a motor vehicle in operation (type 1): The basic area of the recommendation field and the scope of the recommended punishment] the basic area of the motor vehicle [the scope of the recommendation field and the recommendation type], and the period of two to ten months [the general person] [the grounds for suspension of execution] - The major reasons for suspension of execution: In cases of assaulting a driver of a motor vehicle in operation, the driver of a motor vehicle in operation is the victim.

3. Determination of sentence: In addition to six months of imprisonment with prison labor and one year of suspended sentence, the degree of assault against a proxy driving engineer in driving.

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