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(영문) 부산지방법원 2015.07.15 2015고단3018

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

On April 17, 2015, at around 23:54, the Defendant assaulted the driver of a motor vehicle in operation with the victim's neck on the hand floor, on the ground that the victim B (the 44-year-old) who was a taxi driver was on the front of the Seopo-dong Seopopo-dong, Busan, and was asked to have a right-hand turn to the left while moving to the Dongri Hospital located in the Takdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant committed the instant crime during the period of suspension of execution, and that the defendant committed the instant crime during the period of suspension of execution. However, although the defendant appears to have committed the instant crime, the degree of assault is not limited, the victim and the victim have not agreed with it smoothly, the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc. shall be determined by taking into account various factors of sentencing such as the defendant's age, character and behavior, and environment, motive and circumstance of the crime, etc.