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(영문) 인천지방법원 2016.02.16 2015고합667

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant of assaulted on October 21, 2015, operated a 25-ro a fence of Yeonsu-gu Incheon on October 21, 2015, on the 23:00, a 25-ro.

C In the city bus No. 65, the drunk passenger breathed from the victim D (29 years old) who is another passenger, and the victim was blicked with the face of the victim one time and the face of the victim one time by flick head.

2. The Defendant damaged the property by making the victim’s inner diameter fall down on the floor in the process of making the victim’s inner diameter fall short of the floor in the time and place as referred to in the preceding paragraph, such as the date and place mentioned in the preceding paragraph.

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.) put a warning to the victim E (52 years old) who is a driver driving on the said bus while drunk in the time and place under the above paragraph (1), as in paragraph (1) of the same Article, while the Defendant was drinking within the city bus, but the victim saw a warning to the victim E (52 years old), who was a driver driving on the said city bus, but when the victim saw the victim's left eye on one occasion due to drinking, who did not answer.

As a result, the Defendant assaulted the driver of a vehicle in operation and brought about a 14-day injury to the left-hand side in need of treatment.

Summary of Evidence

【Criminal facts of Nos. 1 and 2 of the Judgment】

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs photographs, such as shotscopes (the facts constituting the crime of paragraph (3) of the judgment);

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing harm to a driver), Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act (the act of assault and the selection of punishment by imprisonment) (the act of assault and the selection of punishment by imprisonment);

2. The scope of the sum of the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes and the long-term punishment of each of the crimes above, as stated in the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is the largest