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(영문) 서울서부지방법원 2013.10.31 2013고합249

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

Reasons

Punishment of the crime

On July 22 and 10, 2013, the Defendant assaulted the victim on the ground that the victim D (year 61) driven by the road located in Seodaemun-gu Seoul Metropolitan Government on July 22 and 10, 2013, and that the victim was only in a stop without putting the bus in the bus at the stop, and caused the victim to suffer injury, such as a tension and a tension that require approximately 14 days of medical treatment, and a tension around the shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement of victim D prepared by the police;

1. A medical certificate;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

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

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following).

1. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for a year and six months to two years (the determination of a type): A driver's injury [special person] mitigated element of violence, minor injury, and non-influence [the scope of recommendations] mitigated area of imprisonment for a year and six months to two years [the scope of sentence to be recommended] mitigated area of imprisonment for a year and six months [the scope of sentence to be recommended in the future mitigation area shall be 10 months to two years of imprisonment, or two years of imprisonment for a special term, or 1/2 of mitigation factors among special persons, the minimum of the above sentencing range shall be mitigated to up to 1/2, but the minimum of the mitigated sentencing range (five months of imprisonment) of the mitigated sentencing range shall be lower than the minimum of the applicable sentencing range under law (the lowest of the applicable sentencing range under law).]

2. Determination of sentence: One and half years of imprisonment, and three years of suspended sentence, the Defendant assaulted an article operating a bus on his/her own, and caused injury;

Violence events against these drivers are caused by large traffic accidents and serious human life.