특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 6, 2019, at around 21:45, the Defendant assaulted the driver of a vehicle driving on the front side of the C-public parking lot located in the Busan East-gu, Busan-do, where the victim D (the age of 61) was boarding in the back seat of the Eststststy Gun located in the Busan-dong-gu, Busan-do, where he was living in the lower seat of the passenger, without any particular reason.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime concerned;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: Violence crimes [Class 1] general violence [Special Aggravationd Elements]: Reduction element of punishment: In cases of assaulting a driver of a motor vehicle in operation (type 1) (the area of recommendation and recommendation range), basic area (the scope of recommendation range and recommendation range), February through October;
3. Determination of sentence: The accused has been sentenced to a fine twice or one suspended sentence by assault against a driver;
The danger was also high because the driver of a motor vehicle who was in motion was assaulted.
However, considering the favorable circumstances in which the victim wants to take advantage of the fact that he/she was leading to the defendant by agreement with the defendant, it shall be decided as ordered in consideration of the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances that are conditions for sentencing, such as circumstances after the crime.