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(영문) 부산지방법원 동부지원 2016.01.21 2015고단863
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 20, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) (hereinafter “Aggravated Punishment, etc.”) was under the influence of alcohol in the vicinity of D regularly operated area in Busan-gun C, Busan-gun, and was under the influence of alcohol in the middle of D regularly operated area, and the victim E (55 years) was under the influence of boarding the top of F-si’s articles of incorporation of the same military that is for the purpose of the use of F-si as towing, without any particular reason, at the time when the victim’s back head was under the influence of the Defendant’s left hand.

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

2. The defendant who damaged property has gotten a taxi operated by the victim E at the time specified in paragraph (1) and has been in the vicinity of the bus stops located in the towing area located in the Busan-gun, the Busan-gun, the military court below's articles of incorporation, and whether he/she may request a taxi fee from the victim E;

"......... the 5.6-timelight from the above taxi was damaged to the 752,578 won of the repair cost of the above taxi, which is the victim, by getting off the taxi.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of written estimate of general repair costs to statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers, the choice of imprisonment), and Article 366 of the Criminal Act (the point of damaging property and the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Taking into account the following circumstances as the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant’s age, sexual conduct, environment, motive and circumstance leading to each of the instant crimes, means and consequence, and various sentencing conditions indicated in the record of the instant case, such as the circumstances before and after the instant crime, even if considering the favorable circumstances of the Defendant, the sentence of sentence is deemed inevitable, and such sentence is determined as ordered.

A favorable circumstance: The defendant shall be only the victim.

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