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(영문) 인천지방법원 2017.01.19 2016고합738
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

Reasons

Punishment of the crime

[criminal history] On October 16, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for an injury in the Busan District Court’s Vice-Support, and completed the execution of the above sentence on January 27, 2016.

[Criminal facts]

1. On October 26, 2016, around 18:20, the Defendant damaged the victim’s property by getting in front of the bus stops in front of the new building located in Namdong-dong, Incheon, Seodong-dong, 707-4, and 30 times later, the bus shuts away without stopping at the bus stops, and the bus shuts away at 30 times later, and “Is scop, scop and scoph inside the vehicle in front,” etc., with the mobile phone used by the Defendant while carrying out the bath view, such as “Ispop and scoph inside the vehicle in front,” and cutting the terminal of the bus fee with the cell phone used. The Defendant damaged the victim’s property by getting the front glass and studle of the bus in front of the repair cost to reach a total amount of KRW 5,943,850,00.

2. In violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.), the Defendant suffered bodily injury, such as tearing the face and head of the victim C (39 years) who was operating urban buses No. 430 on the date and time set forth in paragraph 1, on the same ground as described in paragraph 1, and she suffered bodily injury to the victim C (39 years) who was in operation of urban buses on the same basis as described in paragraph 1.

After all, the defendant abused the driver of a vehicle in operation and caused the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. On-site photographs of vehicles, victim photographs, damaged photographs, victim photographs, and criminal tools, victim head photographs, fluor photographs, and fluor photographs by capturing the bluor video;

1. Each injury diagnosis letter;

1. Written estimate and written estimate for damage;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of a crime during the period of a repeated offense);

1. Article 366 of the Criminal Act and Article 366 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 366 of the Act on the Aggravated Punishment, etc. of Specific Crimes) concerning criminal facts and the choice of punishment.

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