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(영문) 대구지방법원 서부지원 2014.11.27 2014고합179
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2014, the Defendant: (a) boarded D urban bus driven by the Victim C (year 37) around 18:40, and demanded that the entrance be opened and sent at a place other than the bus stop located in the Daegu-gu EF, Daegu-gu; (b) on the ground that the victim refused it, the victim was in a dispute with the victim on the ground that the bus was in refusal of it, and (c) on the ground that the bus was stopped, the Defendant saw the victim as drinking with the victim, on seven occasions, about two weeks of the left face of the bus stopped, and caused the victim to ghumbry and stud around the snow that require approximately two weeks of treatment.

Accordingly, the defendant assaulted the driver of an automobile in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Statement that corresponds to the injury part and degree of the judgment in the medical certificate of doctor C in the preparation of G;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. The scope of the recommendation [decision of types] the range of assault crimes (decision of types) No. 4 (Bodily Injury by Drivers) - the minor injury (2, 4 types) to mitigation area (decision of the recommending area] mitigation area (decision of the recommending area] mitigation area (decision of the recommending area] imprisonment with prison labor for not less than one year and six months, but not more than two years (minimum limit of the recommending area shall be limited to the sentencing range);

3. The crime of this case by which the sentence of sentence is to be sentenced is that the defendant assaulted the victim who is driving a bus and thereby has injured the victim, and the use of violence against the driver is highly likely to cause serious damage as a traffic accident, and the defendant has four times of violence.

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