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(영문) 대전지방법원 천안지원 2019.06.12 2018고합273
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 became final and conclusive.

Reasons

Punishment of the crime

At around 08:00 on July 31, 2018, the Defendant used violence to use a taxi on the front side of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant: (a) while driving a D bus driven by the victim C (the age of 47) who wants to make a right-to-pass (the age of 47) for a light-wise and stopped; (b) the front door of the bus was walked twice in front of the bus, kid by the victim’s hand, ske the victim’s ske, ske, and ske the victim’s ske; and (c) the victim was able to take a hand off the bus again; and (d) the victim was able to receive approximately 10 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs by cutting on the spot, damaged photographs, black stuffs images;

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. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Class IV (Aggravated Punishment, etc. of Specific Crimes against Drivers, Violence, etc.) (Aggravated Punishment, etc.) of the Act on the Aggravated Punishment, etc. of Specific Crimes according to the sentencing guidelines: Minor injury [Determination of the recommending area and the scope of the recommended punishment] mitigated area, one year and six months from six months to two years (the lowest limit of the recommended punishment according to the sentencing guidelines is lower than the statutory minimum limit of the applicable punishment).

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended execution, the crime of this case committed by the defendant by assaulting a bus engineer who was in operation, causing injury, and the driver's assault is likely to cause damage to the human resources and property of many and unspecified persons as a large accident.

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