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(영문) 대구지방법원 2019.05.09 2019고단226
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who shows symptoms of dementia in alz type.

On November 13, 2018, at around 16:25, the Defendant was waiting for the face of a victim in driving the C Center located in Cheongdo-gun B, Cheongdo-gun, on the front side of the C Center, on the ground that the victim was aboard a bus of 55 years old driving, and the victim was flicked without getting off the bus platform in front of the village.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (a CCTV image installed in a bus);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Selection of fines concerning the crime;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant, who was sentenced to imprisonment for eight months for the crime of special intimidation, committed the instant crime even during the period of suspension of the execution, and assaulted the driver in operation to commit the instant crime, which may lead to a serious tobrupting accident, and the responsibility for the crime is not weak.

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into consideration the following factors: (a) the Defendant’s perception of the crime of this case and reflects the depth; (b) the dementia and leuksis from the disease; (c) the health of the Defendant is not good due to dementia and le

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