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(영문) 서울중앙지방법원 2017.06.22 2017고단1359

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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A defendant shall be punished by imprisonment for six months.

However, 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 February 8, 2017, the Defendant was driving at the front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C (40 tax) around February 21, 2017.

E While getting on and off a bus 5615, a diving demanded the victim to “hing off the bus,” as it was impossible to get off the bus stop at the Geumcheon Police Station bus stop, which is a port of wind, but the victim refused to “I cannot get off the bus during driving,” thereby committing assaulting the victim at one time by hand.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes of D;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is an assaulting the victim, who is an automobile driver, and the crime is not good in light of the risk.

There is no light that reflects.

It was punished several times for the same crime.

However, the degree of violence is not serious.

In addition, the sentencing factors specified in the trial process of this case, such as the defendant's age, sexual conduct, motive of crime, and circumstances after crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.