Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

피고인은 2013. 10. 15. 23:18경부터 같은 날 23:28경까지 서울 구로구 C 앞 D 버스정류장에서, 피해자 E(남, 61세)가 운전하는 F 마을버스에 승차하여 카드를 단말기에 접촉하였으나 카드 잔액이 부족하여 결제가 되지 않자 피해자가 요금지불을 요구하였다는 이유로, 피해자에게 큰소리로 욕설을 하면서 오른 주먹으로 그의 왼뺨을 때리려고 하는 등 소란을 피워 위력으로 피해자의 버스운행 업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A complaint filed by E;

1. Application of the Acts and subordinate statutes concerning the arrest of flagrant offenders;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Selection of Punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Facts charged;

A. On October 15, 2013, around 23:18, 2013, the Defendant insultd the victim openly insulting the victim by openly citing the fact that: (a) around 23:18, the Defendant contacted the card on board a F Village bus driven by the victim E (61 years of age) with the device; (b) however, the victim demanded the payment of the fee due to the shortage of the card balance; (c) on the ground that the victim demanded approximately 10 passengers to pay the fee.

B. On October 15, 2013, around 23:30 on October 15, 2013, the Defendant assaulted the victim’s chest on one occasion on the ground that the victim E reported himself to the police in front of the H District of the Seoul Guro Police Station, Guro-gu Seoul, Seoul, on the ground that he reported himself to the police.

2. Determination of the above facts charged

The article 260(1) and (b) of the Criminal Code.

No public prosecution may be instituted against the clearly expressed will of the victim in accordance with Articles 260(3) and 312 of the Criminal Act as an offense falling under Article 31 of the same Act.

However, according to the written agreement which was bound to the trial records, the agreement is entered.