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(영문) 부산지방법원 2017.08.17 2016고정4127

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On July 11, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed assault against a driver of a motor vehicle driving in order to turn the victim B (53 years) to the Busan City bank located in the Busan Dong-dong, Busan, and then ask the destination of the victim in front of the E hospital located in the Busan Dong-gu, Busan, for the reason that it is bad for the victim to ask the destination of the victim.

2. The Defendant continued to commit violence on the roads of the E Hospital located in Busan Dongdong-gu, Busan, the Defendant: (a) committed assault by bucking the victim’s bucks and knenee, knee, knee, knee, with the victim’s bucks and clothes.

Summary of Evidence

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 260 (1) of the Criminal Act and the selection of fines for the crime;

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

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

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