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(영문) 전주지방법원 남원지원 2015.03.19 2015고합3
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

On January 17, 2015, the Defendant: (a) she was able to take aboard the bus bus of the victim C (48 years old) in the southwest-si near the southwest-si; and (b) her boomed the victim’s face one time due to drinking having flab with the victim’s left hand; and (c) sustained the victim, who is the driver of the bus in operation with flabbbbbing, caused the injury of the victim, such as a dyprying, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Damage photographs;

1. Application of an investigation report (to listen to statements by telephone), investigation report (to listen to statements by telephone of a victim), and statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. Scope of punishment: Imprisonment with prison labor for not less than one year and not less than six months;

2. Scope of recommendations: The lower limit of the sentencing range recommended by the sentencing guidelines between one year and six months from June to two years is inconsistent with the applicable sentencing range by statutory mitigation, and accordingly, the lower limit of the applicable sentencing range under the law shall prevail.

[Determination of Punishment] Aggravated Offenses, Violence Crimes, Injury to Drivers (Specially Convicted Persons): A mitigation element: A minor injury (the scope of recommendation area and recommendation range), mitigation range, 10 months to 2 years of imprisonment

3. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended execution that used a bus driver to assault and injure the victim's legal interest is not only an infringement of the victim's legal interest, but also an act that significantly poses a high risk of causing harm to the lives and bodies of many and unspecified citizens by hindering the safe operation of vehicles, and that the nature of such an act is not weak;

The defendant of this case.

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