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(영문) 부산지방법원 동부지원 2019.07.17 2019고정252
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 6, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault on the part of the victim on the front side of the Geum-gu Busan Metropolitan Government, where the victim C (57 years of age) gets on a taxi for business use operated by the victim C (57 years of age) and was located in the vicinity of the Olympic Intersection located in the Busan Metropolitan Transportation Daegu High-dong, Busan Metropolitan City, which was located in the direction of the transportation Daegu-dong, the destination of which was the destination, such as the time when the victim spits off the taxi on the floor by drinking the taxi, and the victim sp

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

2. On February 6, 2019, around 21:22, the Defendant: (a) stopped the 1112 report after the said victim C stops a taxi in front of the Busan Shipping Police Station 1 Do-dong, Busan Shipping Daegu Do-dong, 56, and (b) returned the victim’s face to the victim by drinking the defective report; and (c) making the victim’s face to attempt to flee from the vehicle.

As a result, the Defendant brought about multiple gamblings that need to be treated for about 14 days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The first and second police statements concerning C;

1. A written diagnosis of injury;

1. Each investigation report (the attachment of a victim's black stay image, and the addition of a black stay image);

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-10 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime committed, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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