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(영문) 부산지방법원 2020.11.20 2020고합422

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 23:00 on September 1, 2020, the Defendant, while boarding a road near the convenience store in the Geum-gu, Busan, on the back seat of the E-si operated by the victim D (Nam, 47 years of age) who is a taxi engineer, inflicted injury on the victim, such as cump and tension, which requires approximately two weeks of treatment due to the victim's cump, as it was caused by the cumping problem.

Summary of Evidence

1. Investigation report of the criminal defendant's statement in court (the confirmation during the period of attachment of summary order and trial);

1. Voluntary report, D’s statement, investigation report, notification to the department related to the reporting of the 112 Incident, investigation report (Attachment of a medical certificate), injury diagnosis report, investigation report (Attachment of a written agreement), application of CD-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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 suspended sentence for one year and six months (two years of suspended sentence for one year of imprisonment with prison labor);

A. Disadvantageously, the Defendant assaulted a driver of a vehicle in operation and caused injury.

It is not only a driver who assaults a driver of means of public transportation in operation.