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(영문) 전주지방법원군산지원 2020.10.29 2020고합126
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

Around 12:45 on August 31, 2020, the Defendant tried to board B B S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.

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

Summary of Evidence

1. Application of the Acts and subordinate statutes on CCTV of buses in written diagnosis of injury to the police's statement on the defendant's legal statement D;

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

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment), scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment), category 4 (Bodily Injury to Drivers) for Violence Crime: Insignificant injury (the scope of the recommended sentence): From 10 months to 2 years (the scope of the corrected recommended sentence), imprisonment for a period of 10 months (the scope of the corrected recommended sentence), from 1 year and 6 months to 2 years (compliance with the lower limit of the punishment

3. Determination of sentence: One year and six months of imprisonment with prison labor recognize and reflects his mistake, the degree of injury is relatively small, and there is no additional damage to pedestrians, other vehicles, etc. due to the instant crime;

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