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(영문) 광주지방법원 2016.10.14 2016고합294
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 21, 2016, at around 14:15, the Defendant: (a) boarded a D urban bus operated by the victim C (the age of 56) at the bus bus stops in the 149 Mandong-gu, Gwangju, Gwangju, for passengers; and (b) assaulted the driver of a motor vehicle using the cooling coffee, which was used by the victim as a person of distinguished service to the State, upon the victim’s request for presentation of a certificate of meritorious service to the State.

After the defendant continued to leave the bus, the defendant's defect that the victim could not escape, and the defendant was able to ask the victim's right side of the part of the victim with his hand and elbows two times and ask the victim's right side part of the part of the victim's blus. In order to ask the victim about two weeks of treatment, the open upper part of the left side, the right side flusing, and the inner part blusing part.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Evidence photographs;

1. A written diagnosis of injury;

1. Application of the USB Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the same Act concerning facts constituting an offense, and Article 257 of the Criminal Act (the point of injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for heavier injury);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) Crimes of Inflicting (the first offence) (the determination of types) (the general injury (the general injury) - mitigated factors: ① Minor injury, ② Decision on the area of recommendation] Special Mitigation [the scope of recommendation] - one month to one year; and

(b) Class 1 (General Violence) (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc.) - mitigated factors

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