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(영문) 대구지방법원 경주지원 2016.10.07 2016고합36
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, 54 years old and old, 350 city buses used the victim C(54 years old) driving, kid by the defendant's vehicle in the future.

피고인은 2016. 6. 4. 15:22경 경주시 중앙시장네거리 소재 대구은행 맞은편 버스승강장에 정차하고 있는 위 버스의 전방 편도 2차로에 급정차하고, 편도 1차로로 진행하는 위 버스 앞에 가서 출발을 저지한 후 버스에 올라타 피해자에게 욕설을 하며 오른발바닥으로 피해자의 얼굴과 목 부위를 1회 찼다.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury to the scams, which requires a treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. In the application of the investigation report (a) (a confirmation and capture of a black stuff image of a bus operated by the complainants submitted by the complainants, a photograph of the suspect's face and the driver's vehicle photograph of the suspect's driver's vehicle submitted by the victim, a confirmation and attachment of the victim's photograph, a bus boom video CD submitted by the victim C, a photograph of the screen boom image, a photograph of the scene, a photograph of the defendant in the field, and a CD 1 of

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations according to the sentencing guidelines [decision of types] shall be recommended in the sentencing guidelines because there exist not less than 5 months of imprisonment, 5 years to 2 years to 2 years to 2 years to 3 years, and 2 special mitigations.

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