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(영문) 광주지방법원 2015.08.27 2015고단225

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On October 15, 2014, at around 00:10, the Defendant boarded a D taxi operated by the victim C (year 52) in the Busan East-gu, Gwangju-gu, and took a bath for the victim on the ground that the taxi operation route was not in mind, while the taxi operation route was in a high-tech area in Gwangju-gu, Gwangju-gu, and assaulted the victim at one time by hand when the victim's buck.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s legal statement (which is consistent in the main part of the statement in the investigative agency and the criminal facts, and is not likely to be falsely published in the victim’s statement, and there are credibility in light of the victim’s attitude to make the statement in this court. Although the detailed place of crime, etc. is somewhat different from the statement in the investigative agency, it is not enough to dismiss the credibility of the statement)

1. Application of Acts and subordinate statutes on report of occurrence of violence;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13351, Jun. 22, 2015) that applies to the relevant criminal facts and Article 5-10 (1) of the Act on the Aggravated Punishment, etc.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;