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(영문) 울산지방법원 2015.07.09 2014고단4068
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around 02:30 on December 14, 2014, the Defendant: (a) taken off E-cab driven by the victim D (Name and 41 years of age) on the street in front of the building Nam-gu, Ulsan-gu, Ulsan-gu; (b) taken out 50,000 won away from G bank located in Ulsan-gu, the destination of which was located in the vicinity of the destination; and (c) said victim considered the taxi fee as the taxi fee, considered the victim as the taxi fee, took the victim’s desire to take the victim, and took the victim’s knife at one time.

Accordingly, the Defendant assaulted the victim under driving.

2. The Defendant damaged the said taxi in front of the H convenience store near the G Bank located in Ulsan F, a temporary border, such as the above paragraph 1, and then damaged the said taxi to the extent of KRW 678,700 in repairing cost, following the launch from the taxi being driven by the victim, the front door of the driver’s seat, the back door of the driver’s seat, and the subsequent pans, etc.

Summary of Evidence

1. Legal statement of witness D;

1. Part concerning D's statement of the police interrogation protocol of the defendant (2 times, 2-2)

1. Examination protocol of police suspect regarding D;

1. Each photograph and estimate;

1. Application of statutes to each investigation report, written estimate to repair a vehicle and written summary of telephone recording investigation;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel's assertion regarding the defendant under Article 62-2 of the Social Service Order Criminal Act and the defense counsel acknowledged the fact that the defendant gave up the victim a single assault and twice a criminal part of the taxi, but the assault occurred after stopping, and cannot obtain the degree of damage compared to the act. However, the victim is specific and consistent from the investigative agency to the court.

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