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(영문) 부산지방법원 2015.11.05 2015고정3083
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On June 4, 2015, at around 00:05, the Defendant assaulted the victim’s right side side part of the victim’s cell phone holding 3 times the victim’s cell phone, which was in possession of 5 lanes in front of the D convenience point located in Busan, Jin-gu C, Busan, with the view that the victim was on board the back seat of the 5-lane taxi driver’s seat and returned to the victim. The victim assaulted the 5-lane driver’s seat of the said taxi on two occasions on the right side.

Summary of Evidence

1. Legal statement of witness E;

1. The Defendant asserts that his act constitutes a justifiable act that does not go against the social norms, since he puts up the right shoulder of the victim in order to attract the attention of the victim driving on another side. However, in light of the situation where the Defendant was placed at the time when he was aware of by the evidence of the judgment, the Defendant’s act and response of the victim, etc., the Defendant’s act met the requirements such as legitimacy of motive or purpose, reasonableness of means or method, balance between the protection interest and the infringement interest, urgency, supplement, etc., and thus cannot be deemed to constitute a justifiable act. The above assertion should not be accepted.) and the application of the law.

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

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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

1. Although the reason for sentencing was agreed with the victim, the defendant was able to find a taxi by assaulting the victim, leaving the taxi rapidly and left the vehicle thereafter, which led to a very high risk of the accident, and the defendant was at all wrong.

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