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(영문) 서울북부지방법원 2015.04.09 2014고정2266
특수폭행
Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 12, 2014, around 19:55, the Defendant discovered the victim E (the age of 58) and the victim F (the age of 47) with the above crosswalk even though the pedestrian signal is a stop signal, the Defendant would pass along the crosswalk by driving D urban buses near Dongdaemun-gu Seoul Metropolitan Government.

Accordingly, the victims were able to see the back part of the bus with hand and the back part of the bus, to see the defendant and the defendant in front of the bus from the urban bus, and to see the arms, etc., and even though the defendant tried to leave the front door of the bus with a brush, ppuri, and close down and start, it does not stop the front door of the bus with body and turn off the bus, thereby obstructing the defendant's bus operation by force by preventing the operation of the bus on board by many passengers, including G, etc., and the defendant assaulted the victims by using a dangerous bus, which is a dangerous object, by driving the bus in front of the bus under the expectation of the bus.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Application of investigation reports (Examination of Bus Blue Video Recordings) (Application of the Acts and subordinate statutes on video recording of black boxes);

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and defense counsel in the summary of the argument asserted that ① the defendant thought that the victims would be avoided if the buses are several, and the bus was proceeded with. As such, there was no intention of special violence, and ② the defendant's act is not contrary to the social norms, and thus, it is not unlawful.

2. Determination

A. First, we examine whether the defendant had intention to commit special violence.

The evidence duly adopted and examined by this court is based on the evidence.

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