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(영문) 의정부지방법원 2015.06.24 2015고합66
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

Around 20:00 on February 15, 2015, the Defendant expressed the victim’s desire to “influent fluent fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe f)”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. C’s statement;

1. A victim photograph, each investigation report (CCTV verification, and CCTV image verification);

1. Application of Acts and subordinate statutes, such as a death diagnosis certificate and written confirmation of hospitalization;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following sentencing grounds shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. The crime of assaulting a driver operating buses used by the public, such as the crime of this case, on the grounds of sentencing of Article 32(1)2 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of the Application for Compensation (a person applying for compensation who has received the full amount of the compensation claim from the defendant during the trial) cannot be deemed to be light in that it may cause serious danger to the safety of passengers, etc. by causing a traffic accident.

In addition, the defendant has committed violence over several occasions while running a very long distance of the victim, and the defendant has committed several violent crimes even before the case.

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