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(영문) 대구지방법원 포항지원 2016.08.22 2016고합49
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

The Defendant, at around 01:05 on December 13, 2015, 01: (a) the Defendant’s punishment on the F taxi driven by the victim E (59 years old) in front of D Mart located in Nam-gu, Nam-gu, and returned to Korea with the Defendant’s punishment on the front of the “H” in G when she was on board and returned to Korea with the Defendant, has been subject to dispute, and the Defendant’s punishment on his/her back on his/her back seat. The Defendant, who is a taxi driver of the taxi in his/her own operation, should die from

The right edge of "" means "the victim's neck is walking at a number of times, and the victim suffered salt, tensions, shoulders, and string of the arms, which require treatment for about 14 days.

Accordingly, the defendant assaulted the 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 for E;

1. A investigation report (abbbbling images);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 to mitigate small amount;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The sentencing criteria [Scope of the recommended punishment] Class 4 (Bodily Injury resulting from Violence by Drivers) ( Imprisonment with prison labor for not less than 10 months from 10 to 2 years) is not subject to the punishment.

3. In full view of all the factors of sentencing as indicated in the arguments in the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the Defendant, who made the decision of sentence, led to the confession of the facts of the offense, that the victim is not wanting to punish the Defendant; (b) the degree of injury is relatively minor; and (c) there is no record of punishment against

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