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(영문) 의정부지방법원 고양지원 2018.07.24 2018고합116

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2018, at around 18:10 on February 2, 2018, the Defendant heard the horses that he argued with the Victim C (57) and the boarding problem, and tried to ask the Victim to demand the apology.

The Defendant:40 on the same day within a bus No. 62 operated by a person who temporarily stops for passengers' getting on and getting off a bus at a bus stop located in 201, a Mad-ro 201, U.S. in the 19:40 on the same day, and the Defendant “drawed our mother,” and “hicked our mother,”

C. We will do so so.

“The victim’s face is 6 times in one hand, and the victim’s face is cut off from the bus, and the victim’s hacks the victim’s hacks the victim’s hacks with both hands, and hacks the victim’s hacks the victim’s hacks, hacks the victim’s hacks, and hacks the part of the victim’s hacks at one time after the victim’s hacks the part.

Accordingly, the Defendant inflicted an injury on the driver of a vehicle in operation, such as shelsheshes and she takes care of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to C;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing as follows)

1. The scope of punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the type of determination] the scope of the recommended punishment [the person who is in charge of special sentencing] set forth in Category 4 (Bodily Injury to Drivers) (person who is in charge of special sentencing] shall also be responsible for the occurrence of and the expansion of damage to the victim [the scope of the recommended punishment] imprisonment with prison labor for not less than one year and six months but not more than two years (the scope of the mitigated punishment and the minimum limit shall be the applicable sentencing

3. This case shall be sentenced.