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(영문) 부산지방법원 2021.01.20 2020고정1316

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

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

Reasons

Punishment of the crime

Defendant

A 62 years of age is a person without a certain occupation.

A. On June 20, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed assault against the victim on the ground that the victim Da (E) was boarding a taxi for business in front of Busan B, which was driven by the victim D (E) prior to the influence of alcohol and the victim went away from C fishing point in the Firra point near the Firra point at which the destination was scheduled, on the ground that the victim went out without bypassing from the point of view of fishing.

B. The Defendant continued to damage property at the same time and place as the above “A”, and the part of the back part of the victim who was driven on his hand, and the defect of the assault, and the victim’s boomed on the left side of the runway because the victim was unable to immediately leave the Hand, thereby damaging the property that did not know of the accurate repair cost.

(c)

At the same time and place as the above "A," the defendant continued to commit assault against the victim, such as: (a) the victim stops in order to avoid the Defendant’s assault; and (b) the victim, following the Defendant, expressed the victim’s desire to “I am dead; and (c) I am to write down the rear part of the victim by hand.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to a police statement report (Attachment to the production of taxi boom photographs and video CDs) on D;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 366 of the Criminal Act, and Article 260 (1) of the Criminal Act concerning 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;