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(영문) 부산지방법원 2020.05.15 2020고합100

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on December 15, 2019, the Defendant: (a) committed assault, such as assaulting the victim’s face on the ground that the victim stopped in front of the exit No. 1217 alternate subway station No. 5 in the city of Busan, and arrived at the destination, and that the victim arrives at a place other than the destination, on the ground that he/she arrived at a place other than the destination, he/she suffered injury, such as the victim’s right-hand boom at one time and one time, and the head of the city flick, and the head of the city flick, which requires treatment for about 14 days.

Accordingly, the defendant abused the driver of a vehicle in operation and inflicted an injury on him.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Attachment: Cut up a black stuff image, and attaching it: Application of Acts and subordinate statutes in a certificate of injury diagnosis;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury (the person who is a special person): the mitigated elements of mitigation: Minor injury, non-influence [the scope of the recommended area and the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment, one year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the minimum of the applicable sentencing range in law is different from the applicable sentencing range).

3. Following the decision of sentence, the sentence is based on the following factors: the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and the circumstances after the crime were committed.