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(영문) 제주지방법원 2014.09.26 2014고정560
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. Around February 28, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Violence) committed assault against the driver of a motor vehicle driving on several occasions when the victim F (hereinafter referred to as the “F”) who driven the cab on board of the Defendant asked the Defendant at a specific destination and set up the cab at a certain location, and used the driver of a motor vehicle driving on several occasions when the victim f (hereinafter referred to as the “F”) was seated at the back seat of the west.

2. In the time and place mentioned in paragraph (1), the Defendant: (a) brought the Defendant’s assault on the victim’s vehicle; and (b) destroyed the Defendant’s repair cost amounting to KRW 464,066 by exposing the back door of the instant taxi with a light.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F;

1. The defendant asserted that, with respect to the crime set forth in Article 1 of the judgment, he did not dance the victim's body until the vehicle stops, and that the victim's self-defense or legitimate act was committed because he refused the defendant's lower demand and unduly detained the victim's excessive confinement. However, according to the evidence above, the defendant can only recognize the fact that the victim was able to use the victim's vehicle on the road by assaulting the victim while driving without any special reason, and thus, the defendant's act does not constitute a legitimate act that does not violate social rules or a self-defense for the purpose of defending the present unfair infringement. The above argument is without merit. The above argument is without merit.

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act; Selection of each fine;

1. Aggravation of concurrent crimes: The scope obtained by adding the total amount under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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