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(영문) 수원지방법원 안양지원 2011.01.13 2010고정1020
특정범죄가중처벌등에관한법률위반(운전자폭행등) 등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 7, 2010, the Defendant: (a) around 20:0 on May 7, 2010, the bus stops located in Sipo-si B, Mapo-si, the Defendant used D urban bus of the victim C (50 years of age); (b) on the ground that the bus was only parked at the bus stops during the time when the Defendant became at the destination of the Defendant, the Defendant used the Defendant, who was the driver of the vehicle in operation, to take advantage of the Defendant’s head; (c) when the Defendant saws down the victim’s head; (d) when the Defendant spads down the victim’s face; and (e) when the Defendant spads the victim’s face by drinking, and assaulted the victim,

2. In front of the Friju station in the time and time indicated in the preceding paragraph, the Defendant: (a) went away from the above bus to the victim; (b) dump the victim’s flaps; (c) dump the flaps; (d) dump the victim’s dump; (b) dump the dump; and (c) dumping the dump; and (c) dumped the victim for approximately three weeks of medical treatment.

Summary of Evidence

1. C’s legal statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article applicable to criminal facts;

(a) Possession of violence against a driver: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) Inflicting: Article 257 (1) of the Criminal Act;

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

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

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

1. The Defendant asserts that the Defendant’s act constitutes self-defense and thus, the illegality should be avoided, in light of the background leading up to the instant crime, method, and degree of assault, etc., as to the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act.

According to the evidence of this case, the victim does not stop at the stop.

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