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(영문) 광주지방법원 목포지원 2018.10.02 2018고정108
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a passenger of Csi that is operated by the victim B (48).

On March 27, 2018, the Defendant was boarding a taxi operated by the injured party on the front side of the D apartment complex at Mapopopo-si on March 27, 2018, and the Defendant tried to open the front door of the said taxi that was in operation with the injured party on the ground that the injured party was operating in the lower direction rather than the direction of the Bapo-si. The Defendant assaulted the driver of the said taxi on the ground that the injured party was driving in the lower direction.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. B written statements;

1. Blue stuffs, images, and caps (the defendant and his defense counsel did not intentionally see a driver stand;

However, according to the witness B’s legal statement and black image, it can be recognized that the defendant intentionally gets off the taxi driver’s cab from around March 27, 2018 to around 21:21:05 on the same day. Thus, the above argument by the defendant and the defense counsel is rejected.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the overall sentencing factors indicated in the record, including the fact that a person who has caused a reason under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order does not want the punishment against the defendant, and the developments and degree of the assault in this case, the punishment as ordered shall be determined.

Parts of innocence

1. The summary of this part of the facts charged is the passenger of C-si operated by the victim B.

On March 27, 2018, the Defendant took a taxi operated by the injured party on the front side of the D apartment house at a wooden time, and assaulted the driver of the vehicle in operation by breaking the victim's head at one time by hand.

2. The defendant's assertion of the head of B is true, but this is true.

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