(영문) 부산지방법원 2017.09.22 2017노1310 | 리걸엔진

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(영문) 부산지방법원 2017.09.22 2017노1310

특수폭행

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The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the first instance of the trial, the prosecutor filed an application for changes in indictment with respect to the facts charged as follows, and since the court permitted the changes in the subject of the trial, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, after pleading, on the grounds of the above ex officio reversal.

[Grounds for the judgment to be used again] The Defendant is a person who drives a taxi for B rocketing business purposes.

On September 15, 2016, the Defendant driven the above taxi on September 15, 2016, and brought the five-lane road in the direction of the subway No. 2, the subway No. 4, the subway No. 1, the subway No. 1, the subway No. 1, the flight of which is located in the Busan-gu, Busan-gu, Busan-do, to the east-do, along the same direction, the Defendant changed the way into one lane for the vehicle operated by the Defendant by the victim C (28 years old) who driven along the same direction to the east-do, while driving the five-lane road No. 4, the flight of the subway No. 1, the flight of which is located in the city of Busan-gu, to the east-do.

The defendant changed the course to the two lanes, and then threatened the damaged vehicle to the center of the road, and reconcept the damaged vehicle rapidly in front of the damaged vehicle to stop the damaged vehicle.

After the Defendant continued to open the damaged vehicle with the window of the damaged vehicle, the Defendant: (a) threatened the victim with the finger by inserting the hand; (b) sealed the victim’s macy, cryp, hump, and hump; (c) “I am gue, I do not immediately drive, and do so, I do not have to do so immediately.”

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. The defendant's oral statement in court;

1. Statement made by the police against C;

1. The police;

유사 판례

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-대전지방법원 2017.02.02 2016고정1540