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(영문) 서울북부지방법원 2021.01.29 2020고정1723

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 2, 2020, around 06:40 on July 2, 2020, the Defendant used the victim, a bus driver, who was in operation, to get aboard the D urban bus belonging to the Seoul Special Metropolitan City Nowon-gu, where the victim B (54 years old) was in operation, and went out without getting aboard the bus at the same front of the same Gu E, and assaulted the victim, who was a bus driver, who was in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the investigation report of police statements concerning B (the date and place of the crime);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires consideration of the following facts: (a) the Defendant has a criminal history of the same kind of crime two years prior to the date of sentencing; (b) the Defendant has not agreed with the victim; and (c) the Defendant has a high risk of excluding others in the current state of the spread of contagious diseases; and (d) the punishment is to be determined as ordered.