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(영문) 수원지방법원 2019.09.20 2019고합253

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

On April 11, 2019, the Defendant was on board a bus operated by the injured party B (year 62) at a large bus stops located in the radius of the time of harmony on April 21, 2019, and on the ground that the injured party said that he was “influence of bus expenses”, and on the same day, the “20:15” stated in the indictment appears to be an obvious clerical error in the “21:15” and thus, ex officio correction is made.

In the above bus near the ridge in the start-dong of Sungsung City, the victim's face and the head side of the bus in operation were 10 times, and the victim was injured by a spatha in need of approximately four weeks of medical treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Protocol of the police statement concerning B;

1. A damaged part photograph, a black-box image CD, a mobile phone image CD;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

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 as to the crime

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. 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 criteria [the decision of types] the scope of violent crimes [the fourth category] the driver's bodily injury [the scope of the recommended punishment] mitigated elements: the mitigation area of punishment (the scope of the recommended punishment and the recommended punishment], the imprisonment for ten months to two years [the scope of the recommended punishment corrected according to the applicable sentencing] shall be sentenced to imprisonment for one year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range shall be set according to the statutory minimum limit of the applicable sentencing range); and

3. Determination of sentence: One and half years of imprisonment, and two years of a suspended sentence, the accused shall assault the victims who are operating buses several times to injure them;