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(영문) 부산지방법원 2016.11.17 2016고단5263
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 20, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) around 03:53, on the front side of the Busan Eastdong-gu B, Busan, the Defendant was boarding at D-si, the head of D-si, which was operated by the victim C (the age of 52) and went in front of the Busan, the Busan, the Busan, the Busan, the Busan, the Busan, the destination of which was located at around 03:57, and on the front side of the F-gu, the Busan, the Busan, the destination of which was located at around 03:57, the Defendant, despite the Defendant’s request for prompt change, was able to take a bath for the victim and set up a door of the signal-based taxi in front of the victim, and was

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. 공갈미수 및 재물손괴 피고인은 위 일시, 장소에서 피해자에게 택시요금을 지급하지 않고 택시에서 내리려고 하던 중, 위 피해자로부터 제지를 당하고 택시요금 지급을 요구받게 되자 피해자에게 “니 내가 누군줄 아나”라고 고함을 지르고, 손에 쥔 휴대전화기로 피해자의 머리부위 등을 수회 때리고, 피해자 (주) 가야교통 소유의 택시에서 내린 다음 발로 택시 조수석 문을 수회 걷어찼다.

As a result, the Defendant tried to be exempted from paying approximately KRW 5,00,00 of the taxi fee by giving the victim C heavy, but the victim C did not pay the taxi fee claim, and did not bring the intent to do so, and damaged the victim's (ju) taxi on the left side by adding approximately KRW 358,422 to the repair cost, such as the repair cost of the taxi on the left side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of the Acts and subordinate statutes concerning the screen of a black booming screen, a photograph, a photographic, and screen closure screen;

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 352 and 350(1) of the Criminal Act concerning criminal facts.

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