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(영문) 광주지방법원 2016.05.13 2015고합368
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

Reasons

Punishment of the crime

On October 2, 2015, at around 09:20, the Defendant was playing on the wind that the bus driven by the injured party C(56 years old) even scam on the crosswalk while cutting off the crosswalk in front of the “Seoul Metropolitan Branch” located in the Gyeong-gu, Gwangju, Gwangju.

피고인은 이에 화가 나 주먹으로 위 버스의 입구 부분을 내리치고, 피해 자가 입구를 열자 버스 안으로 뛰어 들어가 피해자에게 항의하였으나 피해자가 사과를 하지 않자 주먹으로 피해자의 얼굴을 수 회 때리고, 계속하여 피해자와 함께 버스 밖으로 나와 피해자를 향해 침을 뱉고, 발로 피해자의 복부를 수 회 걷어찼다.

As a result, the defendant suffered injury to the victim while driving a bus for about two weeks, such as snow, booming, etc., which require treatment for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

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

2. The scope of the recommended punishment [the determination of the type] 4 types of assault crimes [the person subject to special sentencing] (the person subject to special sentencing] , the area of special mitigation of punishment [the scope of the recommended punishment] 1 and 6 months to 2 years (the lowest limit of the recommended punishment is lower than the statutory minimum limit of the applicable punishment, based on the statutory minimum limit of the applicable punishment).

3. A favorable circumstance is that the degree of injury of the victim who was sentenced to a sentence is minor, that the victim does not want the punishment of the defendant, and that the bus driven by the victim is deemed to have caused a part of the occurrence of the instant case, such as cutting off the crosswalk on which the defendant dried up.

The instant crime was committed while driving a number of students on board.

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