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(영문) 창원지방법원 2021.01.22 2020고단3469

폭행

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 7, 2020, the Defendant demanded on August 16:40, 202, the victim E (48 years old) who is a bus driver to wear a horse at the bus stops located in the Gu C, which are parked at the bus stops located in the Gu C in the city of Changwon-si on August 7, 2020, and does not comply with this demand.

As a warning defect, the victim's left part of the victim's hand was at one time.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Application of the Acts and subordinate statutes governing the use of violence against the victim, CCTV images, and the leakage of CCTV images;

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the reasons for sentencing of sentence of imprisonment and the reasons for sentencing of sentence;

1. Scope of punishment by law: One month to two years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] assaulting crimes [type 1] general assault [the scope of the recommended punishment]: In the event of assaulting the driver of a motor vehicle in operation (type 1] [the area of recommendation and the scope of the recommended punishment] increased area, four months to one year, and six months following the following circumstances, such as the age, sex, sex, environment, motive, means and consequence of the crime, etc., the sentence shall be determined as ordered in consideration of all the various circumstances, which are the conditions for the sentencing as set forth in the instant case, such as the circumstances after the crime.

The crime of this case at a disadvantage: The crime of this case is committed against a bus driver who stops due to violence; the defendant was committed for several times, and favorable circumstances such as the defendant's criminal records of violence: The defendant's mistake is divided and reflected; the degree of damage to the victim is not much serious; the defendant's health is not good (the defendant's detention warrant is not issued in consideration of the circumstances favorable to the defendant).