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(영문) 부산지방법원 2016.04.21 2016고정346
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 24, 2015, the Defendant: (a) took aboard the C-si operated by the Victim B (son, 63 years old); (b) taken once again the victim’s back from the D Hospital to the next hand on the back of the C-si located in the front line of the Busan District Tax Office on the ground that the victim was no longer likely to reach the normal distance; and (c) took once again the victim’s back on the back of the C-si located in the front line of the C-si; and (d) took once again the victim’s back on the back of the C-si located in the first line of the C-si, the Defendant continued to take the back of the victim’s back on the back of the C-si.

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, when considering the factors of sentencing as indicated in the instant case, such as that the Defendant assaulted the victim who is operating a taxi, and such type of crime is likely to cause serious damage as a traffic accident, and the Defendant committed again the instant crime during the period of probation despite having been punished several times as to the same crime, even though the Defendant had committed the instant crime, it is difficult to reduce the amount of fine as set forth in the summary order, even though the Defendant’s liability for the instant crime is not easy, by being issued a summary order of KRW 3,00,000.

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