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(영문) 울산지방법원 2016.04.01 2015고합306
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On July 19, 2015, the Defendant: (a) on the street in front of Ulsan-gu, Ulsan-gu, U.S., U.S., a driver assaulted the victim, who was a driver of a vehicle operating the said taxi at the cost of taxi charges due to the lapse of the “Felurur,” the front of the “Felur,” which is located near the seat of the train; (b) on the street in front of Ulsan-gu, U.S., U.S.; (c) on the street, the Defendant abused the victim, who was a driver of a vehicle operating the said taxi at the price of the chest of the victim who was driving the said taxi one time as a drinking.

2. At the time of the day specified in Paragraph 1, the Defendant: (a) 3-4 times, following the victim’s escape from the vehicle, and (b) 3-4 times, she was frightened with the wall after the frightencing back to the wall that requires the victim’s treatment for about two weeks; and (c) she was frighted with the wall after the frightencing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including an examination of the hostage);

1. Statement made by the police against D;

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

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against a driver and the choice of a fine) and Article 257 (1) of the Criminal Act (the point of injury and the choice

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the Punishment of which is heavier than punishment];

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

1. The Defendant and the defense counsel at the time of committing the instant crime regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

The argument is asserted.

According to the records, the defendant seems to drink more than the usual liquor at the time of committing the crime of this case, but in light of various circumstances, such as the background, method, and behavior before and after the crime of this case, the defendant is thereby guilty.

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