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(영문) 부산지방법원 2019.10.16 2018고단707
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the indictment against insult is dismissed.

Reasons

Punishment of the crime

"2018 Highest 707"

1. Around January 31, 2018, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault against the victim by putting the victim’s head on the taxi in the front of the “C” located in Busan Jin-gu, Busan, for the purpose of “C” (the age of 65) to the taxi in the operation of the victim D (the age of 65) and bringing the victim to a destination without any justifiable reason.

2. On January 31, 2018, at around 00:10, the Defendant: (a) assaulted the victim at a place specified in paragraph (1) and escaped from a parked taxi; (b) inflicted injury on the victim, i.e., a cage catus, which requires approximately six weeks of medical treatment on the part of the victim, due to drinking and fating.

around 09:30 on March 30, 2018, the Defendant acquired property benefits equivalent to the above amount by failing to pay KRW 17,400,00 without justifiable grounds after boarding the taxi of the victim FF and arriving at the above place.

Summary of Evidence

[2018 Highest 707]

1. Defendant's legal statement;

1. The police statement of D or G;

1. A report on investigation, such as a black box, and a report on investigation (Attachment to a report on injury) (Attachment to a report on investigation);

1. Defendant's legal statement;

1. The statement of the police concerning F; 1. The investigation report (in relation to the dispatch of the scene, etc.) and the application of statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, the selection of imprisonment for a crime;

1. Of concurrent offenders, the degree of injury on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is serious and does not completely recover from damage, and the defendant was prosecuted for the case 2018 Highest 707.

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