(영문) 서울북부지방법원 2019.01.25 2016고합248

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(영문) 서울북부지방법원 2019.01.25 2016고합248

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 11, 2016, at around 15:52, the Defendant: (a) heard the horses from the victim that “it is impossible to exchange KRW 40,00,000,” while paying the boarding fare for the shuttle bus operated by the victim B (the age of 44) at the Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for the victim’s seat, the Defendant 1-2 time off the face of the victim who is in the operation of the city, and 1-2 times from the back of the head of the vehicle to the back of the car, followed by the following:

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (hereinafter referred to as "aggravated consideration of the favorable reasons for both punishment");

1. The following circumstances, which are acknowledged by the evidence duly adopted and investigated by this court, are: (a) the victim was present at the investigative agency immediately after the instant case and photographs of the part of the part of the victim, which was confirmed as the body of the victim; (b) the victim was diagnosed as the body of the body of the face; (c) the victim was diagnosed as the body of the body of the victim according to the diagnosis conducted at the hospital following the following day; and (d) the victim stated that the victim was strokeed from the Defendant and was 1 to 2 times on the floor of the body of the victim; and (d) the shape of the Defendant and the victim identified in the black box installed inside the bus corresponds to the statement of the victim.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제2항

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