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(영문) 부산지방법원 2016.04.28 2016고정485
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 6, 2015, at around 23:25, the Defendant: (a) boarded at a taxi that is driven by the victim E ( South and North age 61) on the roads adjacent to D elementary school located in Busan Seo-gu, Busan; (b) went to the back of the victim who was driven by the police box with the victim and the Si guard; and (c) assaulted the driver of the vehicle on the part of the victim, who was driven by the police station with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. On-site photographing photographs and black stuffs CDs;

1. Application of the written estimate for damaged vehicles;

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

1. The defendant and his defense counsel asserted that there was no assault against the victim on the part of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order.

However, according to the evidence adopted earlier, the victim was a traffic accident under which the defendant was placed at the police station with the defendant boarding the taxi, and the defendant was placed at the police station with the time of vision. The victim was a traffic accident under which the defendant was placed at the front of the shoulder, she was placed at the front of the shoulder, she was sleeped on the back of the shoulder.

The statements made by the victim are sufficiently supported by field photographs, black images, CDs, etc., while it is difficult for the victim to easily understand the defendant's statement that he/she received a taxi in his/her own possession as a electric telegram, and the facts charged of this case are fully convicted.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

The reason for sentencing is that the defendant only assaults the victim who is driving a taxi and actually causes a traffic accident, and these types of crimes are large traffic accidents and are highly likely to cause serious damage.

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