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(영문) 부산지방법원 2014.05.01 2013고정4062
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 6, 2013: (a) around 03:10, the Defendant: (b) went on a taxi operated by the victim C (58 years of age) as a passenger in the vicinity of the Pungdong-dong, Busan, Busan; (c) started as a result of an increase in the fee for an out-of-city section of the city, which has not yet been long thereafter; and (d) around the Geumgdong-dong 810, Geumdong-dong, Busan on the same day, around 03:20, the Defendant: (a) plucked the victim’s face, plucked the victim’s pluck while drinking; and (b) boomed the victim’s flab; and (c) boomed the victim’s flab.

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

2. On March 6, 2013, around 03:25, the injured Defendant: (a) stopped a taxi by a victim C; (b) taken the taxi at a taxi; and (c) taken the victim’s face, face, etc., from the taxi, as drinking together; and (d) taken the victim’s ship and bridge up to the floor by walking the victim’s ship and bridge.

As a result, the defendant put the victim with a multi-faceted 14-day therapy and the injury to the victim.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. C’s legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photograph victims' photographs and photographs of video records;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) A driver's assault: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) Injury: Article 257 (1) of the Criminal Act;

C. Selection of each fine

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

1. Articles 70 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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