(영문) 부산지방법원 2016.10.28 2016고합507

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(영문) 부산지방법원 2016.10.28 2016고합507

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On May 21, 2016, the Defendant: (a) around 20:55, around 20:20, at the center of Jung-gu, Busan, 2016. The Defendant, within 41 city buses (C) in front of the front of the bus store, and even though the victim D (57 years of age) who is a bus engineer was divided into the lower level, she was traveling at the stop. (b) The Defendant took care of the victim's breast part of the victim's chest, she was blick on two occasions due to drinking, she stopped and stopped the vehicle, and she took care of the victim's breast part of the victim's chest one time from the seat outside of the driver's seat, and caused the victim to be placed over the side of the front door of the bus, thereby getting the victim a scarbing wall that requires treatment for about 12 days.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E respective legal statements;

1. Statement made to D by the police;

1. The telephone recording statement or CD;

1. The Defendant asserts to the effect that the victim was not under driving at the time of assaulting the victim.

In full view of the statements, etc. in the investigation agency of the victim D and witness E and in this court, it can be acknowledged that the defendant used the victim's chest to assault the victim's chest and reported to the police by the victim. The victim stopped the bus to assist the police to get the victim to board another bus. While the victim was trying to get the passengers to get off the bus, the defendant used again to assault the victim's chest part to get the victim to get off the bus, the police called the victim, and the passengers get out of the bus.

② Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “a person who assaults a driver of a motor vehicle in operation” shall be deemed an element of a crime, but passenger transport is during the operation on June 22, 2015.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

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