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(영문) 부산지방법원 2015.01.08 2014노3781
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that in the case of excessively expanding and interpreting the scope of "Assault" in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.), a minor dispute during driving or the exercise of minor tangible power is subject to aggravated punishment, etc., the "Assault" of the above crime shall be limited to the exercise of tangible power to the extent that it may endanger the life and body of others at least by impairing the safe operation of automobiles, etc., and it shall not be limited to the exercise of tangible power to the extent that it may endanger the life and body of others. In the meantime, the defendant's double transfer of the victim K, who is a bus driver, does not constitute the "Assault" of the above crime, but the judgment of the court below that otherwise

B. The lower court’s imprisonment (two years of imprisonment) on the ground of unfair sentencing is too unreasonable.

2. The purport of Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is to punish the act of assaulting or threatening the driver of a vehicle in operation, is not only likely to cause a serious accident, but also to cause personal and material damage to a third party, such as passengers, etc. who are unrelated to the party of assault or intimidation. As such, the purpose of this Article is to ensure the establishment of traffic order and the safety of citizens by seriously punishing the driver of a vehicle in operation by using violence or intimidation against the driver of the vehicle in operation, thereby seriously punishing the driver of the vehicle in order to threaten the safety of the driver, passengers, or pedestrians, etc.

If so, the defendant is able to take care of the victim K who operated the bus.

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