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(영문) 의정부지방법원 2017.12.05 2017고단4676
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

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

Reasons

Punishment of the crime

The defendant is a person who has been on board a bus 10-2 times operated by the victim B ( South, 36 years of age) with a passenger.

Around 00:05 on October 3, 2017, Defendant 1 was on board the bus and was locked around 349 at the time around 10:05 on October 3, 2017.

Where the Defendant is the destination of the victimized person;

는 질문을 받고 잠이 깼다는 이유로 운전석 보호막 안으로 손을 집어넣어 손으로 피해자의 입을 잡아당기고 위 버스 안에 있던 버스 운전 자격증으로 피해자의 얼굴을 2회 때렸다.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. On-site photographs;

1. The application of the Act and subordinate statutes to an investigation report (verification of black stay images in bus – 1), an investigation report (verification of black stay images in bus – 2 of securing the commission of a crime), an investigation report (verification of black stay images in bus - securing the commission of a crime 3 of securing the commission of a crime)

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, the content and risk of the crime committed by the Prosecutor for the reason of the sentencing of the order of provisional payment, and the liability for the crime, is not minor.

However, the defendant shows his attitude to see and reflect his mistake.

There is no criminal offense against the defendant, and there is no criminal offense for the last ten years.

Other punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and attitude of the crime, and circumstances before and after the crime.

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