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(영문) 의정부지방법원 고양지원 2017.10.27 2017고합172
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 August 7, 2017, at around 18:58, the Defendant:371 in the future, and at the bus stops in the New Cancer Park bus stops, the Defendant: (a) made it difficult for the victim C (62) to pay a charge to the Defendant who is seated in the seat without paying the charge; (b) made it difficult for the victim to pay the charge to the Defendant; and (c) made the victim’s face on one occasion, with approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to bus photographs, the 112 reported case processing table, and the written diagnosis of injury;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Reduction elements of the recommended punishment according to the sentencing guidelines: The scope of the recommended punishment [the type of determination] according to the sentencing guidelines, and the scope of the assault crime (the person causing violence to a driver): Minor injury [the scope of the recommended punishment] mitigation area: From October to two years [the scope of the corrected punishment] imprisonment for one year and six months to six years (the lowest limit of the recommended punishment according to the sentencing guidelines is lower than the minimum limit of the applicable punishment in law, and the lower limit is governed by the applicable sentences in law).

3. Determination of sentence: One and half years of imprisonment, and three years of suspended execution are the crimes of this case committed by the defendant by assaulting the victim, who is an engineer operating a bus, and the nature of the crimes is not good in light of the risk. In particular, the crimes of assault against bus drivers may cause a traffic accident and cause serious damage to the life, body, etc. of any third party, such as other passengers, etc.

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