beta
(영문) 부산지방법원 2020.09.11 2020고합258

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. Provided, 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

At around 19:40 on April 27, 2020, the Defendant boarded at the bus stops located in Suwon-gu, Busan, for passengers getting on and off, without paying the fare to E-city bus of the victim D (ma, 51 years old) who temporarily stopped for the passenger getting on and off, and provided the victim’s desire to pay the fee, and provided the victim with the victim’s desire to call for the payment of the fee, the Defendant carried out the victim’s knife on a one-time basis and carried out approximately two weeks of the victim’s knife to the victim for approximately two weeks of treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the intention of punishing victims and confirmation as to whether agreement has been reached);

1. A criminal investigation report, D’s written statement, investigation report (Attachment ofCCTV images shield photographs), - CCTV images-fuse photographs, - CCTV image CDs, investigation report (checks, etc.), - - Medical certificates, and - Application of the Acts and subordinate statutes of photograph photographing the victim’s injury;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the scope of violence crime [the type 4] the driver's injury [the person who is a special person] the mitigated element of mitigation: the minor injury (the type 2 and 4), the penalty not (including the serious effort to recover damage) or considerable damage (the scope of the recommended area and the recommended punishment] the area of special mitigation, five to two years (the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment with prison labor for a year and six months to two years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, so the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Two years of suspension of execution for one year and six months (public prosecutor's opinion: One year and six months of imprisonment);

A. A disadvantageous defendant is a driver of an automobile in operation.