beta
(영문) 부산지방법원 2020.06.11 2020고정636

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 16, 2020, at around 02:20, the Defendant: (a) boarded the victim D (age 52) on the front back seat of E-si in Busan Young-gu B; (b) arrived at the front of FM; and (c) assaulted the victim by taking the victim’s face at one time due to the victim’s drinking to request the payment of taxi charges from the victim; and (d) assaulting the victim by taking the victim’s face at one time.

Summary of Evidence

1. Partial statement of the defendant in this court;

1. Application of the Acts and subordinate statutes to make statements in the police statement regarding D;

1. Relevant Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Selection of Penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking account of the circumstances such as the fact that the Defendant agreed with the victim for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the Defendant was a criminal act in the state of taking the main sentence, and the fact that the Defendant had been punished five times, but there was a past record of approximately fifteen years from the time of the final punishment, a fine of KRW 3,00,000 as prescribed by the summary order seems to be somewhat heavy. Thus, a fine of KRW 2,50,000 shall be sentenced.