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(영문) 수원지방법원 2018.08.23 2018고정779

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On February 28, 2018, the Defendant: (a) boarded the C Bus on around 23:23, 2018; (b) brought the victim’s face on the hand floor of the bus “E notification” located in D with the right line at Suwon-si; (c) while under the influence of alcohol, “F would not be erroneous; (d) G would be at issue; and (e) the victim H ( South, 29 years old), a bus engineer, made a bus getting off from the bus, with the bank that he was holding the head of the victim, and again made two times the victim’s face on the hand floor.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. The Defendant damaged property at the same time as Paragraph 1, and at the same place, the Defendant destroyed the microscope of the repair cost by putting the safety gate worn by the damaged person on his hand.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. A statement prepared by H;

1. Shot photographs of the scene and on the part of damage;

1. Application of CCTV image Acts and subordinate statutes;

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 (the point of assault against drivers and the choice of fines) and Article 366 of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;