Defendant shall be punished by a fine of KRW 2,000,000.

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

Criminal facts

피고인은 2016. 4. 17. 03:20경 화성시 정남면 만년로471번길에 있는 신리사거리 앞 도로에서 피해자 C(61세)가 운전하는 택시를 타고 이동하던 중 피고인이 잠을 자는 사이에 원하는 목적지가 아닌 다른 곳으로 가고 있어 위 택시가 일시 정차하였는데, 피해자가 택시비를 더 받기 위해 돌아간 것으로 생각하고 화가 나 피해자에게 욕설을 하면서 멱살을 잡아 흔들고 발로 운전석 머리 보호대를 걷어찼다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. Police investigation report (report on analysis of moving images);

1. 112 Notification to a department related to the report of the case;

1. Application of the CD-related Acts and subordinate statutes to the damaged parts of photograph, screen pictures, motion pictures and motion pictures reproduced;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the victim spawns the breath of breath, as indicated in the facts of the crime in the judgment of the defendant, and the victim spawns the head protection unit.

However, at the time of assaulting the victim as above, the victim stopped his/her vehicle without the intention of continuous operation at a place where there is no risk of undermining the safety and order of the public. Therefore, it cannot be viewed as a vehicle on which the victim driven the taxi.

2. Determination

A. The crime of assault or assault against a driver as provided in Article 5-10 (1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes is serious to threaten the safety of the driver, passengers, pedestrians, etc. by force against the driver of the vehicle in operation.