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(영문) 대전지방법원 천안지원 2012.10.24 2012고합175
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 12, 2012, at around 04:05, the Defendant: (a) boarded D taxi in front of the Yandong-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) caused the Defendant to commit assault against the victim on the ground that the victim was not able to take care of the Defendant’s horse; (c) blue part of the victim’s side blue part of the victim’s blue part; (d) blue part of the victim’s blue part; and (e) blue part of the victim’s blue part of the victim’s blue part; (e) blue part of the victim’

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Entry of each police suspect interrogation protocol on the accused and C in part;

1. Part of a written self-statement prepared by C;

1. Application of video-related Acts and subordinate statutes to damaged parts of pictures;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The summary of the argument is the fact that the defendant takes the victim's timber into elbbow as stated in its reasoning, but this is an act corresponding to self-defense or an emergency evacuation for those detained by the victim, and thus, does not constitute an offense.

2. The following circumstances acknowledged by the evidence examined above, namely, the distance between the victim's vehicle and the victim's vehicle was merely about 50 meters, and the required time was approximately about 10 seconds. The defendant stopped the taxi in order to get out of the confinement condition by dividing the victim's neck into the elbow, and left the taxi immediately. Even though about 5 seconds, the victim's neck was elbbow, and the victim was eventually pushed out out of the taxi, and there was a dispute between the defendant and the victim until this case occurred.

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