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(영문) 부산지방법원 2016.01.07 2015고단6926

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On September 2, 2015, the Defendant boarded in the back seat of the taxi operated by the victim C (71 tax) in front of the Busan High School located in the Busan High School, Busan High School (71 tax).

At around 20:30 on the same day, the Defendant took two times the back part of the victim’s head, who was driving with a new string that was reported, while taking the bath that “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of violence against drivers and the selection of fines) concerning the crime;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse is that the Defendant, on September 3, 2014, was sentenced to imprisonment with prison labor for one year and six months at the Busan District Court on September 12, 2014, for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and committed a crime again in the state of drinking without being aware of the fact that the said judgment became final and conclusive on September 12, 2014, and without being aware of the fact that he/she again committed a crime in

However, the fact that the defendant is the time of committing the crime, the degree of violence is not excessive, and the agreement is reached with the victim, the above suspended sentence will lose its validity when the defendant selects imprisonment in this case, and the other reasons are considered to be harsh, and the sentence shall be determined like the order, taking into account the conditions of sentencing under Article 51 of the Criminal Act.