beta
(영문) 수원지방법원 안산지원 2016.01.13 2015고정1267

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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

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

Reasons

Punishment of the crime

The defendant is a passenger boarding a D-si vehicle operated by the victim C along with the driver B.

On March 7, 2015, the Defendant, at the time of Ansan-gu, 05:30, was on the top of the string of the cab operated by the victim C, to go to the 215 "30-time stop" to the art university of Ansan-si, the purpose of which is located on the street before the police box in Ansan-ro, 215.

However, when it is impossible to start the vehicle because the vehicle cannot be closed without opening the door of the vehicle on the back side without this reason, the victim "I am about until the closing point of the vehicle."

The Defendant stated, “.” The Defendant committed an assault on the part of the victim, i.e., the victim’s desire to walk up, and the victim had been able to drive the vehicle to the destination after closeing the door of the vehicle. However, the Defendant, who had already been making the vehicle to move to the destination, committed assault, such as taking the victim’s bath, booming the victim’s arms, and destroying the victim’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes concerning black stuffs and videos;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.