특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 16, 2013, the Defendant: (a) while getting on and off a D urban bus driven by the Victim C (Age 62) around 21:56, the Defendant took care of the victim who was running the bus on the ground that the victim was rapidly living on the road in front of the Change-gu Seoul Metropolitan City E, the Defendant suffered the victim’s face two times by bad hand; and (b) the victim suffered the injury of both sprinke sponss that require approximately three weeks of medical treatment.
Accordingly, the defendant assaulted the victim C who is the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of statement concerning C prepared by the police;
1. Colors and evidential photographs of buses CCTVs after closure;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for affirmative judgment among the following grounds):
1. The reason for the sentencing of Article 62(1) of the Criminal Act (the reason for affirmative action among the reasons for sentencing) of the suspended sentence [the reason for the sentencing] 4. Violence crime committed by a driver of the type [the person who has a special appearance] - [the person who has a special appearance] - the area where mitigation elements are not to be mitigated] - imprisonment from 10 months to 2 years [the person who has a general appearance] - The reason for the suspended sentence - Where the positive motive for the crime is minor: If the positive motive for the crime is minor, the person who has not been punished - the person who has no criminal conviction or heavier than the suspended sentence [the decision of sentence] has not been sentenced to a prison sentence, and the defendant has committed the crime of this case by contingency.
In addition, the defendant recognizes the crime of this case and is against depth, and the victim does not want the punishment of the defendant.
It is so decided as per Disposition by taking into account such circumstances.