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(영문) 제주지방법원 2015.06.25 2015고합18
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

On February 15, 2015, between 16:10 to 16:30 on Jeju-si, the Defendant boardedd the Jeju-si bus located in the bus stops after the Jeju-si, a destination, in order to go to the Dong-si, which is located in the Si of Seopo-si, the destination.

At around 16:45 on the same day, when the above bus became in the vicinity of the Han ecological forest located in the Han River at Jeju, the Defendant heard from the victim the phrase “attening another passenger,” and took a bath to the driver seated by the victim, and boomed with the driver seat seat seated by the victim.

As a result, the Defendant inflicted injury on the driver of an automobile in operation, such as the pipe and human salt of the part that requires approximately two weeks of medical treatment, and the tension.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Each statement of E, F, G, and H;

1. Investigative report, on-site photographs;

1. Application of diagnosis certificates, inquiry of inquiries, inquiry of inquiries, and Acts and subordinate statutes;

1. The former part of Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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 consideration shall be made again for the reason of 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. Application of the sentencing criteria [Determination of Types] (Determination of Types) and (Bodily Harm resulting from Violence by Drivers): Reduction element of Punishment [Determination of the Recommendation Region] / [Limits of the Recommendation Region] Reduction Area / [Scope of the Recommendation Form] / From October to 2 years / [Scope of the revised Recommendation Form] 1 year and June - 2 years (the lowest limit of the Recommendation Form is lower than the statutory minimum applicable sentencing range, so the lowest limit of the applicable sentencing is set at the lower limit of the applicable sentencing range in law).

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