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(영문) 대구지방법원김천지원 2020.09.15 2020고합50
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 23:30 on June 26, 2020, the Defendant: (a) on the front of the C convenience point located in Gumi-si B, the Defendant: (b) on the Defendant’s possession of the Defendant, she was on board the Eststren-car owned by the Defendant, and was moving to the Gumi-dong, Sinsi-si, Sinsi-si, the destination, and was in front of the F hotel in Gumi-si; (c) on the back of the victim’s head debt, the Defendant inflicted an injury on the victim, her head part, her head part, her head part, her head part, and her head part 3 times with her hand, her head part, her head part, and her head part her part her part her for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each investigation report (in relation to attachment of a written diagnosis of an injury and attachment of a photograph of an injury) to D, to the police statement;

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 concerning the crime;

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. Scope of applicable sentences under law: Imprisonment with prison labor 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 scope of violence crime [the type 4] the driver's injury [the person who is a special person] mitigated element of mitigation: the minor injury (the type 2 and 4), the penalty not (including the serious effort to recover damage), or considerable damage (the scope of the recommended area and the recommended punishment] the area of special mitigation, five to two years (the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment for a year, one year and six months through two years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range).

3. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended sentence shall inflict an injury on the victim who is a substitute driver by assaulting the victim;

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