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(영문) 부산지방법원 서부지원 2017.09.26 2017고단1002
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2017, the Defendant driven a B rocketing business taxi on around 20:58, and driven a road near the “D” convenience store located in Busan, Seopo-gu, Busan, into the terminal of the Busan urban bus in the Busan city shuttle-distance. On the ground that the FK5 passenger vehicle driven by the victim E (62 tax) was cut down in the front of the Defendant’s vehicle, the Defendant was in a part of the victim’s vehicle, which followed the victim’s vehicle in front of the front side of the passenger vehicle.

As a result, the Defendant, carrying a dangerous object, assaulted the victim with a vehicle, and at the same time damaged the victim's vehicle by using a stringer exchange, etc., about KRW 314,568 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

1. Photographs of damaged vehicles and on-site photographs of traffic accidents;

1. Written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of black stay images);

1. Articles 261, 260 (1) (a point of special assault) and 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is being driven as retaliation, causing traffic accidents, and there is a need to strictly punish not only the other party driver but also many and unspecified drivers as it may cause serious danger.

However, the defendant shows the attitude to recognize and reflect the crime of this case.

Some of the circumstances that can be taken into account in the course of the instant crime, and the degree of damage is not severe.

This is favorable to the defendant.

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