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(영문) 부산지방법원 2018.06.18 2018고단703
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 15, 2018, at around 00:26, the Defendant was waiting for a taxi on the front side of the KEB Bank located in the Busan BYY 10-ro, Busan, the Defendant, on the ground that D personal taxi operated by the victim C(52) was boarding a passenger who expressed his intention of boarding at the front of the taxi, left the taxi and stopped around about 10 meters on the front of the above taxi that driven around 10 meters, and assaulted the victim by getting a arms out with the window of the vehicle opened, and blicking the flap of the victim who was seated in the driver’s seat.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Article of the Act;

2. Selection of a selective fine for punishment (in this court, it is against this law and agreed with the victim, and considering the fact that the victim is not subject to the punishment of the defendant, the degree of violence is relatively minor, and there is no history of crime exceeding the fine, etc.);

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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