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(영문) 의정부지방법원 2013.12.04 2013고합294
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, around 07:30 on June 29, 2013, operated by the victim C (the age of 63) in front of the D apartment in the Southern-si, Namyang-si, and continued to follow a bus in the direction of the sub-dune basin. On the ground that the above bus was not in the direction of Fmiddle School, its destination, but did not have to be built, the Defendant was sleeping down the shape of the victim’s breath while driving the bus, and the victim’s brea belt was laid down.

As a result, the defendant assaulted the victim who is the driver of a motor vehicle in operation, and suffered the victim from the injury, such as catitis for about 20 days in need of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police summary statement in G and C preparation;

1. CCTV-ROMs;

1. Results of verification of CCTV-ROMs by this Court;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Determination as to the assertion of the defendant and his/her defense counsel under Articles 25(3)3 and 32(1)3 of the Act on Special Cases concerning the dismissal of an application for compensation order, the promotion of litigation, etc. (the scope of the defendant's compensation liability is unclear and thus it is not reasonable to issue an order

1. The main point of the assertion is that it assaultss the victim, but it is only a assault while the operation was suspended, not a assault during the bus operation.

2. A driver, passenger, or pedestrian who commits the crime of assault or assault against a driver under Article 5-10 (1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes by force against the driver of a motor vehicle in operation.

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