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(영문) 서울남부지방법원 2014.02.06 2013고합461
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 September 14, 2013, the Defendant: (a) around 05:47 on September 14, 2013, at the D Shopping Center stops located in Yeongdeungpo-gu Seoul Metropolitan Government, for the reason that the Defendant was involved in the bus door in U.S. which was possessed by the victim E (the age of 52) and that the bus started as it was without boarding.

Therefore, while the Defendant gets off the door of the above bus from that time to that of the new road, he gets off the vehicle and operated approximately 1.8 KK minutes from that time, the Defendant gets off the vehicle with the driver's protection partitions in order to put the knife the knife of the victim's knife so that the knife of the victim was carried out several times out of the partitions, and put the head of the victim into the right knife of the knife, the knife part of the knife, and the two parts of the knife.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of E;

1. A medical certificate;

1. Photographs of damaged part of the victim;

1. Application of CCTV-related Acts and subordinate statutes (two CDs);

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 committed under the relevant Act;

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. Reduction elements of the sentencing guidelines [type of crime] set forth in the range of recommendations [type of crime] set forth in the sentencing guidelines (as of July 1, 2013, applicable], class IV (the person causing violence against a driver): Insignificant injuries and non-influences (the scope of recommendations]: Imprisonment with prison labor for five months from five months to six years (the scope of recommendations shall be set at the lower limit of one year and six months, which is the lower limit of the applicable sentencing range stipulated in law; thus, it cannot be punished lower limit of one year and six months) (the person who is a general person] set forth in the sentencing guidelines;

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

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