logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.06.25 2019고합64
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 December 26, 2018, the Defendant boarded the E bus operated by the victim D in the vicinity of the Michuhol-gu Incheon Metropolitan City around December 26, 2018, and around 19:37 of the same day, the victim got to go through a cell phone in front of the G high school located in the Michuhol-gu Incheon Metropolitan City, and caused an injury to the victim, i.e., on the ground that the victim was scam music at the front stop of the G high school located in the Michuhol-gu Incheon Metropolitan City, and caused an injury to the victim, i.e., on the face of the victim one time by taking the face of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police against D (No. 11 No. 11 of the evidence list);

1. A written diagnosis of injury;

1. In the application of the Act and subordinate statutes, investigation report (afluoral and image pangraphs, photofluoric photofluoric photofluoric photofluorics, photofluoric photofluorics

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 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 grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Reduction elements of violent crimes according to the sentencing guidelines: The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment (the scope of recommendation and recommendation] shall be based on the mitigated area of minor injuries (the scope of recommendation areas and recommendation types), imprisonment with prison labor for not less than ten months and two years (the scope of recommendation punishment corrected according to the applicable sentences]. One year and six months through two years (the lowest limit of the applicable sentences under Acts); and

3. The sentence shall be determined as per the order, comprehensively taking into account the following circumstances and the conditions of sentencing prescribed in Article 51 of the Criminal Act:

Unfavorable circumstances: A driver's assault crime is not only to infringe on the body or property of a non-victim.

arrow