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(영문) 서울중앙지방법원 2017.03.09 2016고정4303
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. On October 29, 2016, around 18:25, the Defendant assaulted the victim who is driving a bus on the following occasions: (a) the village bus No. 15 of the Seocho-gu Seoul Seocho-gu, Seoul, attempted to pay a bus fee on the card with the right side part of the victim who was not properly settled; (b) the victim was able to pay a bus fee on his/her hand at the time when he/she was under driving a bus on the card box at the time when he/she was under the influence of the victim C ( South and the age No. 43).

2. The Defendant assaulted the Victim C, as stated in paragraph 1, and assaulted the victim E (the 66 years old), who is a bus passenger of the said bus, in his/her hand, in one time, and boomed the Victim E (the 66 years old), beyond the floor and walked on several occasions with his/her beam.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each police statement in C and E preparation;

1. A police investigation report (a case of analyzing booms and video data);

1. Blue image data of black boxes;

1. Application of Acts and subordinate statutes on the screen for the play of black stuffs and video CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 260 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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