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(영문) 제주지방법원 2015.04.15 2014고정1132
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 29, 2014, the Defendant: (a) around 04:20 on October 29, 2014, the Defendant: (b) informed the victim of harm and injury to the victim, i.e., when the victim E (the South and the age of 53) gets on the top of the F-rolling stock operated by the victim E (the age of 53) on the street in front of the restaurant located in C; (c) when the victim was traveling in the vicinity of the distance of the public health clinic in Jeju City during the operation of the destination at the seat of the destination, the Defendant informed the victim of the harm and injury of the victim, i.e., when the victim was able to kill, die, or die. (d) without any justifiable reason.

Accordingly, the defendant threatened the driver of a vehicle in operation.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A report on the arrest of the suspect and a flagrant offender;

1. Application of the receipt statute

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant did not say that "I wish to die" is a matter of charge when the victim arrives in the south door, which is a destination, not while driving a taxi. It did not say that "I will die well, I will do so. I will do so."

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim saw the defendant from the investigative agency to the court in front of the D restaurant in Jeju to get on the taxi steering in the south through the south of the taxi steering distance. The defendant, without any justifiable reason, at the time of the victim's operation of the taxi with his/her annual ginseng and passing through the public health clinic shooting distance, "I want to get on the taxi driving well," and "I want to get on the son to die, and will turn on the front bank again.

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