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(영문) 부산지방법원 2020.09.24 2020고단2833
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who gets a passenger on a D-si operated by a victim C (V) in Busan Dong-gu B market.

1. Around April 27, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault, such as drinking the victim’s face on the back seat while holding the said taxi on April 27, 202 and holding it in front of the Busan Jin-gu, Busan.

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

2. On April 27, 2020, the Defendant: (a) 21:08 on April 27, 2020, when the victim gets off the taxi and gets out of the taxi, she pushed the victim out of the driver’s seat; (b) she pushed out the her bridge; and (c) her face via drinking, she was inflicted an injury on the victim, such as catum dume, requiring treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate and prescription;

1. Article 5-10 (1) 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, Article 257 (1) of the Criminal Act and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act are against the defendant, and there is no prior conviction exceeding the fine, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime are revealed in the oral argument of this case shall be determined in light of the following factors.

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