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(영문) 대전지방법원 2020.06.19 2020고합164
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 23:52 to 23:55 on March 21, 2020, the Defendant: (a) heard the horses that the victim B (manam and 50 years old) may sit in danger from the victim on the C bus in which Sejong Special Self-Governing City is in operation; and (b) stated that “the victim shall sit in danger from the victim.” The Defendant assaulted the victim, by hand, at the intersection with the victim’s shoulder and breast part, at the time of the victim’s head.

As a result, the defendant assaulted the victim who is the driver of the above bus in operation and caused the injury to the victim, such as the cage of the cage cage for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Report on internal investigation (No. 2 No. Serial No. 1) and report on internal investigation (Attachment to the verification, etc. of screen c bus stuffs submitted by the injured party);

1. 112 reported case handling table;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to field photographs, black boxes video CDs;

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the scope of the recommended punishment] [the scope of the punishment according to the sentencing guidelines] the driver's bodily injury [the person who is a special person] - the mitigated elements of mitigation: Insignificant injury, the sources of punishment [the scope of the recommended punishment and the range of the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment corrected according to the sentencing guidelines] imprisonment with labor for a year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing

3. The age, character and conduct, environment, circumstances and circumstances of crimes as stated below the sentence of sentence.

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