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(영문) 광주지방법원 2013.03.27 2012고합1294
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 18, 2012, the Defendant: (a) around 21:10 on November 18, 2012, in D high-speed bus passing ahead of the C convenience point in Gwangju Northern-gu, and (b) was able to bring down a bus to the victim E (the 40-year age) who is a driver, while it was difficult for the Defendant to bring about the bus. However, on two occasions, the Defendant was making two times the head part of the victim, who is driving a bus on the ground of the provision that the victim does not build the bus.

As a result, the Defendant assaulted the victim who is the driver of a bus in operation and caused the injury of the victim, such as the base of cryp, head, etc. of the cryp for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A photographic showing the scene of the crime subject to violence, reporting on moving, and photographing the damaged site;

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

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines (decision of type), violent crime group, assault crime, Type 4 (Bodily Injury to Drivers) (Specially imprisoned Person): The factors to be mitigated: The sources of punishment not, minor injury (the scope of recommending punishment), the areas of special mitigation, one year and six months of imprisonment or two years of imprisonment (Provided, That the lower limit shall be based on the legal applicable sentencing range);

2. Determination of sentence shall be made in the same manner as the order, in consideration of the fact that a crime is not less severe than that which causes injury by assaulting the driver of a bus in operation, but the fact that an agreement is made with the victim, the injury is minor, and the defendant repents his errors and reflects them;

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