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(영문) 부산지방법원서부지원 2020.10.08 2020고합131
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 became final and conclusive.

Reasons

Punishment of the crime

On April 23, 2020, the Defendant: (a) went through the D urban bus and the intersection of the victim C (V, South and the age of 43) who had been driving the NAS B vehicle on the road located in the 30-gilh of 17:40 Busan Seo-gu, and had been driving the NAS B vehicle on the 30-gilh 30-lane of war; (b) the Defendant argued the bus into the above bus; (c) caused the victim's breath; (d) caused the victim's flaps; (d) caused the victim's breath by his finger; and (e) caused the victim's injury, such as the fladal salt, which requires the victim's treatment for two weeks.

Accordingly, the defendant abused the driver of a vehicle in operation and suffered an injury.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to investigation report (the analysis of bus boxes and the attachment of criminal motion images CDs) to C on the statement of statement by the police officer;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Reduction elements of punishment according to the sentencing guidelines shall be limited to the range of recommended sentences [decision of types] according to the sentencing guidelines: Violence crimes in Type IV (Bodily Injury to Drivers): Insignificant injuries, non-wons [the scope of recommending areas and recommendations] special mitigation areas, and five months through two years [the scope of recommended sentences corrected according to the applicable sentences] sentenced to imprisonment for a year and six months through two years (the lowest limit of the sentencing range of recommended sentences is inconsistent with the statutory minimum limit of the applicable sentences, and therefore the lower limit of the applicable sentences in law is inconsistent with the applicable sentences);

3. According to the decision of sentence, the sentence shall be determined in the same manner as the order, comprehensively taking into account the following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various factors of sentencing as shown in the arguments in this case.

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