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(영문) 의정부지방법원 고양지원 2019.09.10 2019고합152

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 punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 15:53 on February 28, 2019, the Defendant: (a) boarded the Victim B(37 years of age) driven by the Victim B(37) and went through Dayang-gu D at ancient time; (b) did not stop because he did not enjoy a lower level; (c) caused the Defendant’s assaulting the victim’s horse that he gets off at the bus stop; (d) was sprinking the victim’s breath by spacking the victim’s breath, and caused the damage to the sprink and the sprinking for about 14 days by assaulting the victim’s left buck with the cell phone.

Summary of Evidence

The defendant's legal statement B written diagnosis of injury and the scope of recommending punishment according to the sentencing guidelines for one year and six months to fifteen years under the Act on the Aggravated Punishment, etc. of Specific Crimes under the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime subject to the application of the CCTV Acts and subordinate statutes [decision of types] shall be limited to violent crimes under the scope of punishment under the grounds for sentencing under the main sentence of Article 62 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 53, 55 (1)

3. 폭행범죄 > [제4유형] 운전자 폭행치상 [특별양형인자] - 감경요소: 경미한 상해 [권고영역 및 권고형의 범위] 감경영역, 징역 10월∼2년 [처단형에 따라 수정된 권고형의 범위] 징역 1년 6월∼2년(양형기준에서 권고하는 형량의 하한이 법률상 처단형의 하한과 불일치하므로 법률상 처단형의 하한에 따름) 선고형의 결정 피고인은 본인의 잘못으로 하차 벨을 깜빡하고서도, 다음 정류장에 내려달라는 버스 운전기사의 정당한 요구에 오히려 항의하면서 때리는 등으로 상해에 이르게 하였다.

In that an act of assaulting a driver who is in operation of a bus used by many persons in itself may cause a serious danger to traffic safety and public safety, the responsibility of the accused of this case is not easy.

However, the crime of this case is lower than the defendant himself.