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(영문) 수원지방법원 2018.07.20 2018고단2357
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is juvenile (18 years) and the victim C is a driver of the bus No. 13 of the Dwon passenger.

1. On March 7, 2018, the Defendant: (a) 09:45 on March 7, 2018, the Defendant: (b) was under the influence of alcohol from the mid-to long-term hand-distance 1, and without any justifiable reason, was unable to operate the bus for about 10 minutes by putting the victim’s face on the bus in front of the above bus that C was in operation; (c) blocking the course; (d) blocking the victim’s body; and (e) cutting the victim’s body in order to bring the Defendant into delivery; and (e) blocking the operation of the bus for about 10 minutes by taking the victim’s bath.

Accordingly, the defendant interfered with the bus operation of the injured party by force.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) set forth in paragraph (1) at the same time and at the same place as the above, brought the victim C (51) who wants to see the Defendant a bus in front of the bus into one by facing one another, and went on the bus with the driver’s seat, and continued to turn off the victim’s snow side left side of the bus one time with the driver’s seat.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written statement of C and E;

1. Do image closure photographs;

1. Video CDs;

1. Application of Acts and subordinate statutes to a investigative report (verification of on-site CCTV images);

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 occupation of a driver's assault), Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (based on the act of obstructing duties by force and assaulting the driver of a motor vehicle in operation);

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