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(영문) 수원지방법원 2015.10.28 2015노1118

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of claiming a misunderstanding of facts, the Defendant did not assault the victim physically, such as flaging the victim with clothes, or flaging the victim’s breast part by hand, as in the instant facts charged, at the time of the assertion of facts with the victim.

B. Even if the Defendant alleged misapprehension of the legal principles, even if he abused the victim, the bus at the time was stopped at a stopping place, and thus, the Defendant cannot be viewed as an assault against the “motor vehicle driver in operation”, and thus, the crime of violation of the Act on the Aggravated Punishment, etc.

C. The lower court’s sentence (one million won of fine) on the grounds of unreasonable sentencing is too unreasonable.

2. We examined the argument of mistake of facts. The following circumstances acknowledged by the evidence duly adopted and examined by the court below. ① The victim was released from the investigative agency at the entrance stop at the Giby Village Construction Household Complex at the time of operation of the bus. However, the defendant again was placed in the bus so that he was able to see why he was able to get off the bus at another bus stop, and she was able to do so at the hand, and she was cut off with her chest by her hand while she was cut off from the driver's seat, and then was pushed off with the window. According to the fact that "the bus passengers had expressed their desire to and threatened the passengers of the defendant," ② the bus passenger, who was on the spot, stated the victim's body near the bus at the time of operation of the bus at the investigative agency to the effect that "the victim was able to go off the bus at the time of operation," and the victim was 3: 1: 2. 3. 3. 7 : Gabbbl, the passenger, as the passenger at the scene, stated the victim's 1.