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(영문) 부산지방법원 동부지원 2013.07.12 2013고합74

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On March 11, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed a call with the victim’s cell phone located in the back seat of the taxi run by the victim D (58 years old) around the Nam-gu Busan apartment site on the ground that the victim was asked for a specific destination.

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

2. The Defendant damaged the property damage by plucking, plucking, and plucking, a plucking up, in a state where a pluck-type mobile phone, which is the victim’s possession, is cut off, on the ground that the victim reported the Defendant’s assault to the police at the time and place specified in paragraph (1).

3. The injured Defendant, after getting off from E-si, which was in operation at the time and place specified in paragraph 1, caused injury to the victim, such as the right side ionion of the 3rd balance of the 1st century, on the ground that the victim got off the cab and added the cab to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of each investigation report and investigation report (report on telephone communications of the suspect concerned with the agreed amount) to statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the selection of fines) concerning the punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes against a driver, violence, etc. committed under the Act on the Aggravated Punishment, etc. of Specific Crimes, of the

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.