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(영문) 대구지방법원 서부지원 2018.04.19 2018고합14
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

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

Reasons

Punishment of the crime

On October 27, 2017, the Defendant discovered that the E-si of the victim D (59 years old) who did not go to the company even though he did not go to the company in the vicinity of the large area while driving the Cbu in the middle, Seo-gu, Daegu-gu, and the 489-gu, Seo-gu, Seo-gu, Seo-gu, and the Singu, Seo-gu, and the Sinan-si, which was 489, did not go to the company before he was driving the Cbu in the vicinity of the large area, the Defendant opened a chief door to the above si and laid the body into the body, and sustained the victim's 14-day spawal spawal, and suffered from the spawal spawal, which require treatment for about 14 days.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (the list of details of processing reported cases and the attachment of recorded files);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be 4 types of violent crimes [the person in charge of special sentencing] - In the event of assaulting the driver of a motor vehicle in operation (the person in charge of special sentencing] - In the event of assaulting the driver of a motor vehicle in operation, (the person in charge of mitigation: (1) - In the event of minor injury (the person in charge of mitigation) - the person in charge of punishment is not subject to punishment (including serious efforts to recover damage), or considerable damage (the scope of the recommended punishment, the scope of the recommendation] mitigation area, 10 months to 2 years from 10 months [the scope of the corrected punishment] imprisonment, 1 year and 6 months from 6 months to 2 years (the lowest limit of the sentencing range recommended in the sentencing guidelines is lower than the statutory minimum applicable sentencing range).

3. Determination of sentence: One and half years of imprisonment, and two years of a suspended sentence, the defendant shall be the victim who is the driver of a motor vehicle in operation;

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