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(영문) 부산지방법원 2020.12.16 2020고단4131
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

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

Reasons

Punishment of the crime

At around 22:40 on September 23, 2020, the Defendant was getting in front of the Seo-dong branch of the CF apartment located in Geum-gu, Busan and moved to the Busan Dong-gu, Busan, which is a destination, after getting in a e-si operated by the victim D (Nam, 67 years of age). On the same day, around 23:00 on the same day, the Defendant took a bath for the victim who was driving the said taxi on the G apartment in front of the Busan Dong-gu, Busan, without any justifiable reason, while under the influence of alcohol, was able to display his arms to the victim who was suffering from the rear seat, booms his body toward the rear seat, and booms his body toward the upper left and left, and divided the part of the victim's neck.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on D's statement at the police station (to hear victim D's telephone statement);

1. Blue boxes, video CDs and photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of repeated offenses by a suspect), personal confinement status, application of a copy of judgment, and Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment for Crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where the defendant had already been punished by a fine due to violent crimes, such as obstruction of performance of official duties, etc. during the period of repeated crimes, and then again committed the instant crime, the liability for the crime is unlimited, or the defendant is committed; the assault against the driver does not lead to any other accident; the defendant's age, criminal record, motive and method of the crime; and other factors, such as the motive, result, etc., of the crime, shall be determined as indicated in the order.

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