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(영문) 부산지방법원 동부지원 2017.10.19 2017고정812
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a C-si passenger operated by the victim B.

On December 24, 2016, 23:50 on December 24, 2016, the Defendant: (a) placed a chief window in C-si in the C-si that operates a transportation line in front of the transportation line in the Busan Metropolitan City, Daegu Metropolitan City, on a drinking line; and (b) “Ma-gu Mabp”

"In spite of the absence of special reasons to the victim, the head of the victim who was in the taxi operation due to the breathization of alcohol was assaulted once by taking the right face into two hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On December 24, 2016, at around 23:55, the Defendant assaulted the victim’s face one time, for the same reasons as the criminal facts stated in the judgment in the Ethical case in question, E in the Daegu Metropolitan Transport Daegu D, on December 24, 2016.

2. We examine the judgment. The case is each of the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260(3) of the Criminal Act. The defendant submitted a written agreement to the effect that the injured party withdraws his/her wish to punish on October 18, 2017 to the court. Thus, this part of the indictment is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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