beta
(영문) 대전지방법원 2014.08.13 2014고정1040

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반(운전자폭행등) 피고인은 2014. 3. 24. 19:00경 대전 중구 오류동 홈플러스 앞 노상에서 피해자 B(66세)이 운행하는 C 택시에 승차하여 유성구 전민동으로 가던 중 대전 서구 둔산북로 232-11 앞 삼천지하차도 입구에 이르러 술에 취하여 피해자에게 샛길로 가자고 시비를 걸며 주먹으로 피해자의 뒷머리를 6회 때려 폭행하였다.

2. In the above date, at the above place, the injured Defendant inflicted injury on the victim, such as flaps and tensions in need of medical treatment for about 14 days by cutting the victim’s body by breathing the breath in the floor by breathing the victim’s breath, and flading the victim’s body by hand, and blading the victim’s neck and shoulder with her hand.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements of victim;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 257 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the selection of

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, etc. against which the punishment is heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes);

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

4. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime is a fine not exceeding KRW 30 million. The Defendant reflects the Defendant, and the fact that the Defendant agreed with the victim is reasonable to be punished by a fine of KRW 3 million in light of all the circumstances, including favorable circumstances, developments leading up to violence, and degree of injury. It is so decided as per Disposition.