(영문) 제주지방법원 2015.09.25 2015고단1019

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2015.09.25 2015고단1019

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for 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 June 1, 2015, the Defendant: (a) around 21:20, the Defendant: (b) had transportation cards on the B bus operating on the road in the Changcheon-ro, 1326-ro, one week in Spoon-ro; (c) but did not have awareness that it was in a card terminal; (d) had been in dispute with the victim C (38 years of age) who drives the bus; and (e) had the face of the victim one time in his/her hands.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Written statements prepared by D;

1. Application of the Acts and subordinate statutes on black stay images;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: The provision of Article 5-10 (1) and the choice of imprisonment;

1. Suspension of execution: The reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of the reasons for sentencing), are as follows, taking into account all the sentencing criteria and other circumstances into account:

The favorable circumstances: The facts of the crime are recognized and contradictory to all the facts of the crime, the victim's damage is not severe: The fact that there is a possibility of being punished for a fine for the same kind of crime, the fact that the bus driver in operation assaultss the bus driver and causes considerable danger, such as traffic accidents, etc., the nature of the crime and the fact that the crime is not good: The motive and circumstances of the crime, the circumstances after the crime, the circumstances after the crime, the occupation, age, character and conduct, family relation of the defendant [the sentencing criteria] [the scope of the recommended punishment] the aggravated area (4 to 1 year) of the aggravated area (4 months) [the specially under special violence] of the category of the crime committed by assaulting the driver of a vehicle in operation

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제51조

-형법 제62조 제1항

유사 판례

-춘천지방법원 2020.02.13 2019고단1243

-대구지방법원 2020.09.23 2020고단3311

-서울북부지방법원 2013.03.21 2012고단3190

-창원지방법원 통영지원 2016.11.28 2016고단1500

-부산지방법원 2013.10.11 2013고합489