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(영문) 창원지방법원 마산지원 2016.07.13 2016고단388
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 18, 2016, the Defendant: around 18:20 on 18, 2016, the tinb bus stops located in the Masan-si, Masan-si, Masan-si; and the Defendant was boarding the DaYF YF rocketing taxi operated by the victim C as a passenger, and was going to the 3rd riline of Eup in the same Gu.

At around 18:40 on the same day, the Defendant set up a taxi on the front side of the F-ro in the Changwon-si, Busan Metropolitan City, and the victim refused to pay the taxi fee to the victim, stating that “I am out, do not have money,” and without any reason, the victim will go to the police box of the 3rd-down knife.

“On the other hand, the Defendant was driving the said taxi with a patrol box to drive the said taxi, and the victim’s chest was 3 to 4 times at the right side of the victim by drinking the victim’s own right side.

The Defendant assaulted the driver of the vehicle in operation as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statement protocol law to C prepared by the police;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is that the Defendant had been punished several times due to violent crimes, and the Defendant was sentenced to six months of imprisonment due to an injury in the Changwon District Court’s Masan Branch on April 22, 2015, and was sentenced to six months due to the injury on September 10, 2015, and committed the instant crime even during the period of repeated offense upon termination of the enforcement of the sentence on September 10, 2015, the nature of the instant crime is very inappropriate.

However, the fact that the defendant recognized his mistake and reflects his depth, that he is a disabled person of class 4 of disability, that he agreed with the victim, that the degree of the assault of this case, and that he does not repeat the crime related to violence again.

Considering the fact that it is hard to sentence, it is to give the defendant an opportunity to return to society rather than a sentence immediately.

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