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(영문) 울산지방법원 2018.01.09 2017고합351
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2017, the Defendant was boarding a D bus operated by the injured party C (38 years old) at the front of the bus stop located in Ulsan-gu, Ulsan-gu, 10:33 on October 10, 2017, in front of the bus stop in front of the bus stop, and when the bus is in the atmosphere of the signal signal at the solar distance intersection, the Defendant was able to the injured party when the said bus is in the atmosphere of the signal signal at the solar distance intersection. The Defendant was able to do so, and there is a frily our

Magress debris debris debris

80 or more severe marmas can not be treated as one of the taxable accounts.

(d) Opening the door of the Party; and

“In doing a bath, the victim’s face and the number of the rears with the hand floor was calculated, and the victim’s breath was sponsed with breath, and the victim was sprinked with 14-day sphere and sphere and sphere so that the victim was in need of medical treatment.

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

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 photographs of damaged parts, and a written diagnosis of injury;

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. 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the scope of assault crimes of Category Four (Bodily Injury resulting from Violence against Drivers), the area of special mitigation (five months to two years) [the person who has been specially mitigated], and minor injury and non-guilty amount of punishment;

2. Determination of sentence: (a) The defendant, who is a bus driver, refused a bus driver's request to leave the bus stop at a place other than the bus stop; and (b) the defendant suffered injury by taking into consideration the circumstances of the crime, method of the crime, part of the injury, the risk of traffic accidents caused by the crime, etc.; and (c) the fact that the crime and the circumstances are not less complicated than those of the defendant is disadvantageous to the defendant.

On the other hand, this case is a contingent crime.

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