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(영문) 부산지방법원 서부지원 2018.11.20 2018고단1605
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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

On July 25, 2018, at around 18:40, the Defendant: (a) sealed the victim’s right side side side by hand on the second apartment of the trigram in front of the second apartment of the trigram in 33 1210 Doo-dong, Busan, Seodong, and (b) on the ground that the injured party was aboard the C si operated by the victim B and was going to a destination and was not in the way as the Defendant stated.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the part of violence;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence

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

1. The crime of assaulting a driver with reason for sentencing under Article 334(1) of the Criminal Procedure Act, which causes a traffic accident, may cause serious damage to the life, body, etc. of a third party, which is highly likely to cause such danger and criticism, and the fact that there are many criminal records against the accused who has been punished for a violent crime, is disadvantageous to the accused.

However, the sentence like the order shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects it, the fact that the victim does not want the punishment of the defendant in the course of investigation by agreement with the victim, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after the crime.

It is so decided as per Disposition for the above reasons.

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