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(영문) 광주지방법원 2020.06.18 2020고단1623
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

Around 20:00 on March 4, 2020, the Defendant was boarding B bus at the bus stops located in front of the air wave station located in Eunpyeong-gu Seoul, Eunpyeong-gu 2, 15-25, 15-25, and the Defendant got free of charge a 518 meritorious card possessed by the Defendant by the victim C (year 57) who is a bus article (age 57). Accordingly, the Defendant was driving at the right side of the Defendant at one time at the victim’s head flick, and the chest was pushed at the right hand floor of the right hand.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to report internal investigation (Bable video analysis)

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including circumstances, etc. described in the following reasons for sentencing);

1. The scope of punishment by law: Imprisonment for one month to five years;

2. The scope of recommendations according to the sentencing criteria (decision of types) and the scope of violent crimes [category 1] general assault (specially imprisoned person] mitigated factors: Reduction factors of punishment: Where a driver of a motor vehicle in operation has abused a driver of a motor vehicle in operation (type 1): Basic area (the scope of recommendations and recommendations), imprisonment for February through October;

3. Determination of sentence: The defendant, who has been on a six-month suspended sentence, committed assault to the victim who was on a bus and tried to commit the risk of such assault, and the defendant has a very large number of records of punishment for violent crimes, thereby sentenced to imprisonment with prison labor.

However, considering extenuating circumstances such as the degree of assault in this case and the degree of damage, the defendant's receipt of a letter from the victim, and the defendant's correction of errors in the course of this court, the term of punishment shall be set and the execution of the sentence shall be suspended, and the punishment shall be determined like the order.

Public prosecution dismissed part (a point of violence)

1. The Defendant in this part of the facts charged.

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