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(영문) 부산지방법원 2019.08.13 2019고단2711
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 22, 2019, the Defendant: (a) around 11:20, the bus stops in the bus stops in the Busan Dong-gu B building, Busan; (b) was boarding the victim C(47 years of age)’s D urban bus and was passing ahead of the bus stops in the city of Busan Dong-gu, Busan; (c) the Defendant took a bath to the victim who is operating the bus on the ground that the said bus does not stop in front of the Defendant’s house; (d) “I am ice, I am in front of our house, I am, I am in front of our house, and I am off the Defendant’s sign.” (c) The Defendant assaulted the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [Article 1] assaulting crimes in general [Article 1]: Where the degree of assault is minor, the factors of aggravation of punishment in terms of aggravation of punishment: Where the driver of a motor vehicle in operation has assaulted the driver of the motor vehicle in operation [the scope of recommendation area and recommendation range] mitigation area, and one month through August;

2. Determination of sentence: Determination of sentence shall be made in the same way as the order is comprehensively taking into account the following factors: the defendant is against the defendant, the defendant has agreed smoothly with the victim, the defendant has no record of punishment heavier than the suspension of execution, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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