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

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

Punishment of the crime

On June 14, 2020, the Defendant: (a) around 05:43, on the ground that the Defendant was boarding a taxi operated by the Plaintiff and the Plaintiff C (Nam, 55 years old) in front of the Busan-gun B Apartment, Busan-gun, and returned to his destination when he arrived at his destination; (b) while taking the bath, the Defendant was able to take three times the head of the victim by hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. The defendant asserts that the above taxi does not constitute a case where the defendant committed violence against the driver of an automobile in operation since the above taxi was not "in the course of operation" but "in the course of parking or stopping." However, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that "in the course of operating an automobile used for passenger transport business under subparagraph 3 of Article 2 of the Passenger Transport Service Act, when the driver temporarily stops for passengers' getting on or off, it shall be deemed "in the course of operation" and the above taxi is deemed that the above taxi was temporarily stopped for the defects of the victim who is a passenger, the above argument by the defendant is without merit. Thus, the above argument by the defendant is without merit).

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and all of the sentencing factors in the trial process, including the circumstances after the crime, etc.

Sentencing Conditions: The victim does not want the punishment of the defendant in consultation with the victim, and the above taxi at the time.