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(영문) 서울북부지방법원 2017.04.14 2016노2128
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) An interference with the business of the victim C was on board the bus operated by the victim C on the day of the instant case, and the victim C paid attention to the effect that “the bus stop was not properly stopped on the bus bus bus bus bus bus, thereby changing the bus bus stop.”

In this process, the victim C, while taking a bath, pushed the door of driver's seat and pushed the defendant, and engaged in actions to prevent assault by the victim C, but there is no fact that the victim C was flobing as stated in the facts charged.

Therefore, the defendant's behavior interfered with bus operation services.

shall not be deemed to exist.

2) The Defendant did not commit assault with the above victim and another victim, who is a passenger, and did not depict the breath.

Some physical contact is a legitimate act that the victims first committed an attack against the defendant in the process of preventing the infringement or getting out of the vehicle.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant abused victims and thereby interfered with the bus operation of the victim C.

It shall be fully recognized.

It is difficult to see that the Defendant’s assault constitutes a legitimate act.

The defendant's assertion of facts is without merit.

1) The victim C consistently took place from the investigative agency to the court of the court below, and consistently, “The Defendant was able to avoid disturbance on the ground that the Defendant was on board a bus and did not properly stop the bus.”

One of the customers (victim E) defects that the defendant was only fat, the defendant fatdd against the customer, and fatd against the fat, and the fatd of the principal to fat this, was cut.

“The victim E also made a statement in the lower court from the investigative agency.

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