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(영문) 인천지방법원 2020.01.10 2019고정885

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 22, 2018, the Defendant, as a passenger boarding a tourist bus driven by the victim B (59 years of age) around 20:00, when the above tourist bus passes by the tin 1, South-west 35-ro 112, Seo-gu, Incheon, Seo-gu. On the same day, the Defendant expressed the victim’s desire to the large interest that the traffic accident that the victim caused while driving the tourist bus does not go to the company. However, on the same day, the Defendant expressed the victim’s right shouldered with the victim’s bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch mar bitch bit,” and the victim expressed the victim’s desire to the victim’s right shoulder by drinking.

At around 20:10 on the same day, the Defendant continued to arrive and stop a tourist bus in the vicinity of the Seo-gu Incheon Metropolitan City, and the victim was under management so that passengers can safely get out of it, the Defendant expressed the victim’s desire to be “newer ...............” by hand, the victim’s arms were fluored, and assaulted once the victim’s right shoulder by drinking, and the Defendant fluorddddddddd off from the tourist bus to the front side of the driver’s seat and drinking.

Accordingly, the defendant assaulted the driver of a tourist bus in operation.

Summary of Evidence

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the defendant did not assault a victim who is driving a tourist bus, and he did not assault the victim even after getting down the bus.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the judgment is as stated in the facts constituting the crime in the judgment of the defendant.