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(영문) 광주지방법원 2019.06.28 2019고합177

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

Around 00:21 on April 19, 2019, the Defendant was driving on the front of the Seoul-gu B apartment bus platform by the victim C (son and 70 years of age) from the back side of the E University to the Funiversity. On the part of the E University, the Defendant: (a) brupted a light, such as “I am special, I am special, I am special, I am special, I am special, I am special; (b) am special, I am special, I am special, I am special, I am special, I am special, I am special, I am special, I am am special, I am special, I am special, I am special, I am am special, I am special, I am special, I am am special, I am special, I am am special, I am am special, I am am special, I am am. I am am safe.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. The application of photographs and photographs of victims to Acts and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered as being favorable for the reasons for sentencing under the following subparagraph);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for September through July;

2. The scope of recommended sentencing guidelines: The defendant is a juvenile, and thus, although the sentencing guidelines are not applicable, it refers to the following sentencing guidelines for decision-making.

[Determination of type] A violent crime, 03. A driver of an assault crime [Type 4].