logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.01.13 2015고단1146
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 25, 2015, the Defendant assaulted the driver of a motor vehicle in operation when she was on board and returned to the 850 Culture and Arts Center (51 Do) the victim B (51 Do) in front of the south-gu Culture and Arts Center, and without any reason, she was able to less than the victim’s neck with his left hand and her face towards the Defendant, and she was able to take off the victim’s face with his/her hand at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes on the photographic image of black stuffs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Punishment of Criminal Crimes (Selection of Imprisonment

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In the case of the observation of protection and the order of community service, Article 62-2 of the Criminal Act, the main sentence of Article 59(1) and Article 59(2) of the Act on the Observation, etc. of Protection, etc. [the scope of the recommended punishment] the basic area (two months to ten months) (including special mitigation (including efforts to recover damage) or the case where considerable damage is restored to the basic area (two months to one month), the punishment is not imposed (including a serious effort to mitigate damage), or the case where the driver of a motor vehicle in operation commits assaults the victim under the influence of alcohol, and the instant crime is likely to be committed as the Defendant assaults the victim under the influence of alcohol.

However, under favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects his mistake, that the injured person does not want the punishment of the defendant, and that there was no record of punishment exceeding the fine within the last ten years, the punishment as ordered shall be determined by taking into account all the factors of sentencing, such as the age, sex, environment, family relationship, circumstances after the crime, etc.

arrow