2021 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Violence, etc.)

Interference with Business, Violence

Man○○ (60*********), and non-service.

Gwangju Seo-gu

Gwangju Nam-gu in its original domicile

Yellow land (prosecution), Egrade (public trial)

Attorney Kim Tae-sung (Korean)

July 16, 2021

A defendant shall be punished by imprisonment for one year.

Criminal facts

【Criminal Power】

On January 27, 2021, the Defendant was sentenced to one year of imprisonment by indecent act, etc. at the Gwangju District Court on April 22, 2021, and the said judgment became final and conclusive on April 22, 2021.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On December 17, 2020, at around 16:40, the Defendant tried to take a horse in front of the building of ○○○, Nam-gu, Chungcheongnam-gu, Chungcheongnam-si, without wearing a gark under the influence of alcohol,****.

피고인은 위 버스를 운전하던 피해자 서○○(남, 44세)으로부터 마스크를 착용하고 승차하라는 말을 듣고 화가 나, 주먹으로 피해자의 우측 뺨을 1회 때리고, 팔꿈치로 목부위를 1회 때리고, 손으로 멱살을 1회 잡고, 피해자가 휴대폰으로 경찰에 신고하려고 하자 손으로 피해자의 손목 부위를 1회 내리쳐 피해자의 휴대폰을 계단에 떨어뜨리고, 계속하여 무릎으로 피해자의 가슴 부위를 2회 때리고 발로 피해자의 가슴 부위를 1회 찼다.

As a result, the Defendant assaulted the victim who is the driver of a motor vehicle in operation, thereby resulting in injury to the victim, such as the dump of the revolving flag, tension, etc. which requires approximately three weeks of medical treatment.

2. Violence;

On December 17, 2020, at around 16:42, the Defendant assaulted ○○, a bus engineer, as described in paragraph (1) on the street in front of the original building of ○○○○, as described in paragraph (1), and used the victim Gangwon-gu (Nam, 29 years old) who was on board the bus to prevent the Defendant from getting out of the bus, with his body attached to prevent the Defendant from getting out of the bus, the Defendant’s head from getting out of the bus. The Defendant’s head turns out the victim Gangwon-gu level at one time, knee, knee, knee, kne, knee, the right side part of the right side, and assaulted the Defendant at one time to the right side of the bus.

3. Interference with business;

At around 16:40 on December 17, 2020, the Defendant, like Paragraph 1, was unable to operate a bus with about 10 minutes by avoiding disturbances, such as assaulting the victim and the passenger lecture, in and out of the bus operated by the victim Seo-○○, as in paragraphs 1 and 2, from the inside and outside of the bus. As a result, the bus passengers get off the bus and let it board the next bus.

Accordingly, the defendant interfered with the bus operation of the victim by force.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with labor for a period from nine months to nine years;

2. Reference to the scope of recommended sentences according to the sentencing guidelines;

Since each criminal fact in the judgment of the court is in the relation of concurrent crimes as stated in the records of criminal records in the judgment of the court and the latter part of Article 37 of the Criminal Code, the sentencing guidelines cannot be applied, but reference is examined.

(a) First crime (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) ;

[Determination of Punishment] Violence Crimes / [No. 4] Injury resulting from Violence by a driver

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 1 year and 6 months to 3 years

(b) Second crime (Interference with business);

[Determination of Punishment] Obstruction of Business Affairs / Obstruction of Business Affairs / Obstruction of Business Affairs

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of six months to one year and six months;

(c) A third crime;

[Determination of Punishment] Violence Crimes 03. Assault Crimes / [Class 1] General Violence Crimes

【Special Convicted Person】

[Recommendation and Recommendation Scope] Basic Field, Imprisonment 2 months to 10 months

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for one year and six months to four years (the upper limit of the first crime + the upper limit of the second crime + 1/2 of the upper limit of the second crime + 1/3 of the upper limit of the third crime);

3. Determination of sentence: One year of imprisonment;

The Defendant assaulted the victim, who is the driver of the bus in operation, and suffered an injury necessary for the above victim's treatment for about three weeks, and assaulted the victim's lecture by several times, and obstructed the operation of the bus in operation for about ten minutes, causing inconvenience and apprehensions to the majority of passengers, and thus, the relevant crime is heavy. The Defendant did not agree with the victims, and the victims want to be punished against the victims. Five months prior to each of the crimes of this case, the Defendant was subject to the provision that he was to use the cream from the passengers on the same route bus, and committed an indecent act by force, other passengers, and committed each of the crimes of this case among those who were detained and tried to be tried due to the above crime. The Defendant was punished by violence.

However, all of the crimes of this case are recognized by the Defendant, and they are against each other. In the case of the crime causing bodily harm to a driver, bus stops at a bus stop, and the victim was committed while getting out of the driver’s seat, and thus, did not lead to a large number of accidents. Each of the crimes of this case is in relation to the crime with the record of the crime in which the judgment became final and conclusive and the latter concurrent crimes of Article 37 of the Criminal Act.

In addition, the punishment shall be determined as ordered by comprehensively taking into account all the factors of sentencing specified in the records and arguments of this case, such as the character, conduct, occupation, family relationship, circumstances after the crime, etc. of the defendant.

Judge Suspension Line

Judges Park Young-young

Judges Kim Jong-Gyeong

1) The part of the facts charged was revised ex officio to the extent that it does not infringe the identity of the facts charged and the Defendant’s defense right.