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(영문) 수원지방법원 성남지원 2018.02.08 2017고단3239
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 18, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as assault, etc. by a driver) committed several actions, on the following grounds: (a) around 21:50, the Defendant was on board a wide-area bus 1113-1, which the victim D (44 years old) driven at a point 356 km in Seoul at the seat of the Highway (356 km) via the 356km in the direction of the Seoul metropolitan area on the Highway: (b) the other passengers aboard the said wide-area bus walked the time to the victim; and (c) the victim prevented the victim from doing so.

Accordingly, the Defendant assaulted and threatened the driver of a vehicle in operation.

2. On the date and time set forth in the preceding paragraph, the Defendant: (a) stopped on the side of the entrance direction of the rest area of the public square in South and North Korea, which is located in the middle of Gyeonggi-do, which is located in 117-1, on the road in the middle of the highway 117-1; and (b) caused the traffic accident under the preceding paragraph; and (c) damaged the victim’s damage by walking the wide-area bus entrance in the market price under the preceding paragraph, which is owned by the Plaintiff, owned by D, four times

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation (in cases of change of facts constituting a crime following witness's statement);

1. Application of the Acts and subordinate statutes on the scene of occurrence and the photographic data of the damaged goods of this case, and video data of bus straws;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers), Article 366 of the Criminal Act, and selection of fines, respectively;

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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