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(영문) 울산지방법원 2015.10.16 2015고합218

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 22, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was driven by the victim D (the age of 60) in front of Ulsan-gu, Ulsan-gu, U.S. C., and was under the influence of the victim, who was under the influence of the victim to ask his destination from the victim while moving, and was under the influence of the victim, and was under the influence of the victim, who was under the influence of the victim. The Defendant was able to take her head debt and her face by drinking the victim.

As a result, the Defendant assaulted the victim who is driving a motor vehicle, and inflicted an injury on the victim, such as divestypile, climatic salt, etc., which requires about 14 days of treatment.

2. The Defendant: (a) at the same time and at the same place as the preceding paragraph, the victim’s face was taken by drinking as above; (b) the victim, who installed a steering gear, had the victim take a border seat on the right side of the said taxi with the front gateer and front wheeler part of the said taxi.

As a result, the Defendant stated in the indictment of approximately KRW 1,287,383 as the repair cost, that the victim’s property was damaged for the amount equivalent to KRW 1,720,348. However, according to the written estimate of general repair cost, the Defendant appears to have damaged the victim’s property so that the amount equivalent to the above amount is considered to have been damaged. As such, the amount of repair is recognized.

It damages the victim's know-how and the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. A written diagnosis of injury;

1. A report on investigation (a written estimate, etc.);

1. Application of Acts and subordinate statutes of the victim's upper part and the photograph of the destruction of vehicles, and written estimate of general repair costs;

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning criminal facts and Article 5-10 (2) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;