logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.06.10 2016고합109
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, around March 24, 2016, at around 18:45, 2016, expressed a large voice of the victim C (56 years old) in front of the Young Women High School in Songpa-gu, Songpa-gu, Seoul, Seoul, a 565 (56 years old), with the driver’s license without any reason while under the influence of alcohol, and when the victim continues to get off and get off his/her passenger and start the bus, he/she shall have the driver’s license to write down “the driver’s license” to the victim.

"" and the victim's face at least once in drinking.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and brought about approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Closure of the CCTV of urban buses No. 340;

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (the following favorable circumstances required for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Grounds for sentencing under Article 62-2 (1) and (2) of the Criminal Act, the proviso to Article 62-2 of the Social Service Order Act, and Article 59 of the Act on the Observation, etc. of Protection;

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

2. Scope of the recommended punishment on the sentencing criteria: One and half years from six months to two years (the lowest limit of the sentencing criteria is lower than the statutory applicable applicable sentencing standards, and thus the applicable sentencing standards are lower than the statutory applicable sentencing standards) in the event that the act of assault is committed four types (including the person subject to special mitigation), the minor injury, the non-existence of the punishment (including the serious effort to recover damage), or the damage has been restored to a considerable portion of the punishment (the scope of the recommended punishment, the scope of the recommended punishment), the area of special mitigation, the area of the punishment for five months to two years [the scope of the corrected recommendation] by imprisonment, one year and six months from six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the statutory applicable sentencing range).

3. Circumstances under which a sentence of sentence is rendered:

arrow