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(영문) 제주지방법원 2016.08.25 2016고정349

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 29, 2016, around 14:00, the Defendant tried to set off the vehicle from the front bus stops in front of the Japanese-do large-scale apartment complex located in 187 in the south of the Jeju city, and from the D bus operated by the victim C (58 years old).

However, since the defendant shuts down the entrance automatically between the time when he wanted to get off the bus, the defendant again opened the entrance, "the victim would be able to open the door and set up the entrance with the front door of the bus so that the victim would open the entrance so that it would be closed, the victim would not go off the entrance, and the victim would be able to take off the bus with the front door, and the victim would be able to take a bath, such as "Cropty typ, opening, etc." when she gets off the bus with the front door, and she would be able to take the front door in order to drive the bus because the victim is another customer, and the victim would be able to take the driver of the vehicle in front of the bus in front of the bus instrument while driving it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. C’s statement;

1. A criminal investigation report (to attachCCTV image data), a criminal investigation report (CCTV confirmation report);

1. Application of related Acts and subordinate statutes to photographs;

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. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel should apply the case when the victim stops while driving the bus, and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes practically limits the act of assaulting the driver of a motor vehicle who is a “in the course of driving.”