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(영문) 수원지방법원 안양지원 2014.12.24 2014고합213
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Defendant suffered injury from the victim C (the age of 38) by making the victim C more than twice the face of the victim C on the floor of hand, with the victim C being placed in the said bus due to a sudden stop of king-si around October 23, 2014, in D 77, which was driven by the victim C (the age of 38) and immediately known that the bus would be under the influence of alcohol and demanded the victim C to set up the bus at the end, but he was rejected. Accordingly, the victim C suffered injury such as the oral bid and the knee part of the bus which requires approximately two weeks medical treatment, and the victim E (the age of 65) who was the passenger of the above bus due to a sudden stop of the victim C beyond the victim E (the passenger) who was in need of approximately two weeks medical treatment.

2. The Defendant assaulted the victim F(27 years of age) at the time and place specified in paragraph (1) by 2 times as his/her hand, on the part of the victim F(27 years of age) who took the above assault.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A statement prepared by the F;

1. A CCTV image closures;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of bodily injury, and a punishment imposed on the crimes of severe electronic crimes);

1. Selection of imprisonment with prison labor for a crime of elective assault;

1. From among concurrent crimes, the number of concurrent crimes provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of adding up the long-term punishment of the crimes referred to in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than punishment;

1. Discretionary mitigation of punishment Article 53 and Article 55(1)3 of the Criminal Act (hereinafter “Discretionary Mitigation”), 1.

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