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(영문) 부산지방법원 2017.06.07 2017고단1350

상해

Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. On January 25, 2017, Defendant A landed from E-si operated by the victim D (61 tax) on the front side of the Busan-gu Busan-gu, Busan-gu, 2017, and, under the influence of alcohol, Defendant A walked the victim with a trial cost. On the front side of the instant taxi, Defendant A she was able to take a look at the victim’s right side by driving again on the front side of the instant taxi, and she was in the front side of the victim’s right side by drinking.

2. Defendant B left a taxi operated by the said victim at the above time and at the same place, and took a bath to the victim while under the influence of alcohol, Defendant B obstructed the victim’s taxi business by force for about 10 minutes, such as making the said taxi’s bat, the window of driver’s seat, etc. cut off on drinking to the victim and preventing the victim from operating the taxi normally.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 257(1) of the Criminal Act (Selection of a punishment penalty);

B. Defendant B: Article 314(1) of the Criminal Act (Optional to a punishment)

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

1. Each of the crimes of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, Defendant A, a taxi driver, under the influence of alcohol, inflicted an injury upon the victim who is in need of two weeks of treatment, and Defendant B, even though he had been tried several times of the same kind, was unable to interfere with the above victim’s taxi business as above, and thus, the relevant crime is not less complicated.

However, according to the agreement between the Defendants and the victims, the damaged person is not subject to the punishment of the Defendants, the degree of injury and the degree of interference with duties, and other conditions of sentencing as shown in the records, such as the Defendants’ age, health, occupation, sex, family relationship, and circumstances before and after the crime, etc., the sentence like the order shall be determined.