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(영문) 대구지방법원 2019.06.05 2019고합96
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 punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 6, 2019, at around 19:20, the Defendant was working in the back of the top string of the taxi of the victim D (the 60-year-old), for the purpose of the business, and was working in F apartment in Daegu-gu, Daegu-gu, a destination, in front of the H Hospital located in Daegu-gu, at around 19:30 on the same day, when the said taxi went into front of the H Hospital located in Daegu-gu, the Defendant was able to take back the back and face of the victim, without any particular reason.

The Defendant assaulted the victim, who is the driver of the vehicle in operation, and caused the injury of the negopathal disease, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Investigation report (damage photographs and black stuff images), photographs;

1. Application of Acts and subordinate statutes of injury diagnosis certificates and copies of medical records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the driver's injury [the type 4] the mitigated elements of the punishment (including serious efforts to recover damage] or considerable damage therefrom (the scope of the recommended area and the recommended punishment] mitigated areas, ten months to two years [the scope of the recommended punishment corrected by the applicable sentencing] sentenced to imprisonment for one year and six months and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in a case where the lowest limit of the sentencing range of the recommended by the sentencing guidelines differs from the applicable sentencing range in law, so the applicable sentencing range in law is set at the lowest limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a two-year period of suspended execution shall be the victim without any particular reason while the accused was on board a taxi operated by the victim.

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