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(영문) 대구지방법원 김천지원 2014.01.24 2013고합150
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:30 on November 15, 2013, the Defendant: (a) boarded the Victim C (year 37) drive on the front road of the Seocho-gu, Seoul Special Metropolitan City; and (b) arrived at the front road of the Seocho-gu, Seoul Special Metropolitan City, the Defendant was demanded to pay the taxi fee from the victim; (c) did not pay the taxi fee; and (d) the victim was able to report to the police.

At around 20:40 on the same day, the Defendant was accompanied by the head of the above taxi driving by the victim, and took the front of the F Middle School located in the Gu, Si, Si, Si, si, and took the neck of the victim, took the neck of the victim, taken the neck of the victim, and took the neck of the police station around that time. At around that time, the Defendant was able to take approximately four times the head of the victim.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation, resulting in a multi-lateral scambling, diagnosis, etc. that requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police investigation report (receiving a medical certificate);

1. Application of the Acts and subordinate statutes concerning photographs of victims and booms video materials;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of punishment] The reasons for sentencing under Article 62(1) of the Criminal Act [the scope of punishment] shall be from 1 year and 6 months to 15 years [the decision of type] violent crimes, assault crimes, and type 4 [the person injured by a driver] mitigated elements: None [the scope of punishment recommended] [the scope of revised punishment] imprisonment for not less than 10 months and not more than 2 years [the scope of revised punishment] imprisonment for not less than 10 months and not more than 6 months and not more than 2 years (the minimum limit of the punishment sentenced to law shall prevail as the minimum limit of the punishment sentenced to law is lower than the minimum limit of the punishment sentenced to law] [the mitigated element of mitigation of punishment shall not be subject to suspended sentence] [the main reasons].

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