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(영문) 광주지방법원 2018.03.13 2018고단33

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On June 24, 2016, the Defendant was sentenced to imprisonment for eight months by violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on February 5, 2017 and completed the execution of the sentence at the Jung Eup prison on February 5, 2017.

around 19:00 on December 13, 2017, the Defendant: (a) received a demand from the injured party for “influence” on the bus platform in Gwangju-gu, Gwangju-gu, Gwangju-gu, without paying a charge to the injured party B (55 years old); and (b) received a demand from the injured party for “influence” on the bus platform No. 98 city bus driven by the injured party B (5 years old); and (c) received the demand from the injured party on the same day at the private distance in front of the former C, around 19:20 on the same day; and (d) received

Chewing typ, she would be inside, and assault the victim, who is the driver of the bus in operation, by breaking the breath of the victim who was in the signal atmosphere.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the type of punishment] - Class 1 (Special Assaults): Reduction element of punishment - In cases of assaulting the driver of a vehicle in operation: (a) in the event of assaulting the driver of a vehicle in operation, (b) in the area of aggravation [the scope of recommendation] of the same repeated crime [the scope of recommendation] 4 months to 1 year [the scope of recommendation] - Major reasons for suspension of execution - In the case of negative previous crimes of the same kind (not less than five years of suspended execution] - Major reasons for special consideration: In case of negative reasons: Non-conformity of punishment - General consideration: A person who has been sentenced to suspended execution not less than two times, and