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(영문) 서울북부지방법원 2020.12.23 2020고정1369
폭행등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 22:00 on April 9, 2020, the Defendant: (a) stopped the bus at the bus stops located in Dobong-gu, Dobong-gu, Seoul, 170-ro 2, on the ground that the body of the victim B (the South and the age of 67) driven by C urban bus of the injured party B (the South and the age of 67) and stopped on the back door of the bus, and (b) parked in front of the bus in front of the bus, and took the bus so that the chest part of the injured party’s chest in front of the driver’s seat so far as the driver’s seat is cut off one time in hand; (c) continuously resisted the victim’s finger, chest, shoulder part, and shoulder part with a hand, and opened the bus so that the injured party could not sit in the bus with the driver’s seat in his hand, and (d) did not find the vehicle operation of the bus in front of the bus.

The victim D (ma, 36 years old) who is a bus passenger was frightened by the defendant, and the defendant was frightened by the victim D with only one hand and frighted with the victim D.

Accordingly, the defendant assaulted the victim B and the victim D, and interfered with the victim B's urban bus operation service by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning B;

1. Each internal investigation report (for a black image, a reporter E’s statement) and his defense counsel asserted that the Defendant’s act of self-defense or legitimate act is excluded as a passive resistance, since the Defendant’s act of self-defense or legitimate act is not only an attack against the victim D.

However, in full view of the circumstances such as the Defendant’s behavior attitude and the background and degree of force of assault, it is recognized that D was more actively attacked by the Defendant, but it is also reasonable, urgent, and complementary as it goes beyond passive defensive act.

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