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(영문) 대전지방법원 2019.02.11 2018고단3556

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On June 16:00 on June 30, 2018, when the Defendant was boarding the C Company D of the Victim B (Age 57) operated by the Defendant and passing through the E Apartment bus stops in front of Sejong Special Self-Governing City, Sejong Special Self-Governing City, the Defendant 2,00 Sejong Special Self-Governing City left the bus stops and went without stopping at the 2nd bus stops in Sejong Special Self-Governing City, thereby making up two parts, such as the victim, etc., on the hand of the victim, with the string of the tree in the above bus, and the knife of the victim, etc., on two occasions.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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

1. Although the suspended sentence of Article 62(1) of the Criminal Act is a crime of assault against a driver of reasons for sentencing, it is not so much likely to cause damage, is contrary to the degree of damage, is the initial crime, and the punishment is determined in consideration of the sentencing sentencing factors under Article 50 of the Criminal Act.