logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2019.10.11 2019고합71
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 June 26, 2019, at around 21:40, the Defendant expressed that the bus in the seat bus of the victim D (the age of 47) in the E seat bus of the victim D (the age of 47) was not a route that he thought. The Defendant expressed that the victim would be "Choe . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . .. .. Dasan due to the rain plant 2 times the head part of the victim. 2 times the victim's face part of the victim's face due to drinking and growth, the Defendant expressed the need to treat the victim for about 2-day period of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Blue boxes and video CDs;

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

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. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury (the person who is a special person): the mitigated elements of mitigation: Minor injury, non-influence [the scope of the recommended area and the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment corrected according to the applicable sentencing] sentenced to imprisonment for one year and six months through two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range is applicable according to the law).

3. In light of the fact that a large number of unspecified persons could suffer additional damage, the defendant's liability for the crime is not to be minor.

However, the defendant recognizes his mistake and is against himself.

arrow