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(영문) 부산지방법원 2017.03.31 2016고정4146
특수폭행
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who drives a taxi for rocketing other business purposes.

On September 15, 2016, the Defendant driven the above taxi at around 19:59, and driven the 5-lane road in the direction of the subway No. 2, a subway No. 4, a subway No. 1, a subway No. 1, a subway No. 1, a subway No. 1, a subway No. 1, a subway No. 1, a subway No. 4, a subway No. 1, a Busan, and is driving from the east to the east of the same direction, and the Defendant changed the way of the vehicle driven by the victim C (28 years old) who driven along the same direction to the east of the same vehicle into one lane and caused the risk of the traffic accident. The Defendant, where the car turned into the Republic of Korea, brought the above victim to drinking.

The defendant changed the course to the two lanes, and then threatened the damaged vehicle to the center of the road, and reconvened the damaged vehicle rapidly in the future and stopped the damaged vehicle.

After the Defendant continued to open the damaged vehicle with the window of the damaged vehicle, the Defendant: (a) threatened the victim with the finger by inserting the hand; (b) sealed the victim’s macy, cryp, hump, and hump; (c) “I am gue, I do not immediately drive, and do so, I do not have to do so immediately.”

Accordingly, the defendant assaulted the victim by using a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A police investigation report (booms and video images);

1. Application of the Acts and subordinate statutes to photographs of black stuffs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the crime of retaliation, such as this case, is not only a crime that may cause serious harm to the life and body of the other vehicle or pedestrian, but also the driver of the other vehicle, the nature of the crime is not easy, but also a crime after the crime is committed.

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