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(영문) 부산지방법원 서부지원 2017.09.14 2017고합59

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

1. On May 28, 2016, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc. against drivers), boarded a G-type taxi operated by the victim F (V) with the Defendant’s female-friendly job offering E in Busan, and arrived at the G-type apartment 108, G-type 129, G-type 129, G-type, Busan, G-type, G-type, G-type, G-type, G-type, and G-type, G-type, G-type, G-type, F-type, Busan, M-type, M-

피고인은 그곳에 도착하여 택시요금을 계산하고 먼저 내렸는데, 피해자가 계속 택시에 앉아 있는 위 E에게 택시에서 빨리 내려 달라고 말했다는 이유로 시동을 켠 채 운전석에 앉아 있는 피해자에게 다가가서 피해자의 얼굴을 주먹으로 2회 때렸다.

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

2. The injured Defendant continued to enter the main apartment unit into the 108 dong unit at the time and place specified in paragraph 1 at the time and place. The Defendant reported 112, and her 112, walked once a course of the victim who driven her own, and took the victim’s face at a drinking time, followed the victim’s face and the parts of the body her body boomed to her face and her drinking.

As a result, the Defendant inflicted an injury on the victim, such as the cutting of a peltos that require treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A criminal investigation report (Listening to reports on statements of damage) and a criminal investigation report (referring to references to facts);

1. A medical certificate of injury, and a medical opinion;

1. A taxi receipt;

1. Application of the Act and subordinate statutes on CD-storage photographs, CCTV images storage;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver, the choice of imprisonment with prison labor), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with prison labor);

1. Determination as to the defendant and his/her defense counsel's assertion of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with heavy injury)

1. The summary of the claim.