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(영문) 청주지방법원 2018.02.14 2017고단2275

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2017, the Defendant boarded the victim D (27 taxes) bus stops in Seocho-gu, Nowon-gu, Seoul around 19:50 on September 23, 2017.

Defendant: (a) when getting off the bus from the bus stop in a considerable area of a bus, and the transportation card was used as a device, but did not be returned; (b) the victim stated that “the portion of the bus on board and alight is not returned,” and the victim continued to take a bath for the victim; (c) when the bus stops at the bus stop, the part of the bus to be sold to the victim by drinking was stopped at the bus stop, and the shoulder part was 2 times.

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

Summary of Evidence

Application of the police statement law to the defendant's legal statement D

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor) concerning the crime;

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

3. The crime of assaulting bus engineers is not less severe due to the drinking of the reasons for sentencing in Article 62-2 of the Criminal Act, including observation of protection and order to attend lectures.

Many of the defendants have committed violent crimes.

However, the execution of imprisonment is suspended in consideration of the fact that the defendant reflects the defendant's wrong and that the victim does not want punishment by mutual consent with the victim, and that the defendant lives faithfully with security guards, high water collection, park management, etc., and that there is a physical disability in the bridge and health conditions are not good, but the protection and observation is also ordered for the prevention of recidivism and smooth social life.