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(영문) 대전지방법원 2015.08.20 2015고단1814
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2015, at around 01:59, the Defendant: (a) boarded the back seat of the Donata-si in front of the pungyang-dong, Daejeon-gu, Daejeon-gu, and (b) took a bath to the victim, “In the front of the Dona-si, 59-do,” without talking the victim’s destination, and used the victim’s side flag in front of the Dona-si, Daejeon-gu, Daejeon-gu, and used the victim’s side flag while driving without talking the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 5-10 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13351, Jun. 22, 2015) concerning the relevant criminal facts;

1. Reasons for sentencing of the reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendations] violent crime group, assault crime (type 1), basic area (where the driver of an automobile in operation has committed violence (type 1), no penalty is imposed (aggravated decision), 2 months to October 10], etc., and the nature of the crime is more serious than that of the defendant as that of assaulting the victim who was in the operation of a taxi, such as five times of a fine related to violence, etc., the defendant is against himself, the victim is not guilty, the motive and circumstance leading to the crime, the degree of actual damage, the defendant's age and working environment, etc.

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