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(영문) 서울서부지방법원 2014.10.21 2014고정1058
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 18, 2013, at around 21:30 on December 21, 2013, the Defendant assaulted the victim on driving, such as when the victim C (the 52-year age) who is a taxi driver return to the path, who was in the front of the Yongsan-gu Seoul Metropolitan Government East-gu 2, Yongsan-gu, Seoul, for the reason that the victim C (the 52-year age) who is a taxi driver returned to the path.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Application of the Act on the Legal Statement of Witness C

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that since the defendant paid the taxi fee to the victim at the time and gave it at the destination, the victim's refusal of the defendant's lower demand and unfairly detained the victim's shoulder to escape from this, it constitutes self-defense.

However, according to the evidence duly examined and adopted by this court, the defendant's act does not constitute self-defense to protect the present unfair infringement, since the defendant's act does not constitute self-defense in order to protect the present unfair infringement.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

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