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(영문) 서울북부지방법원 2016.06.30 2016고단1475

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On November 30, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc. of Drivers) said that he/she was boarding the front of the cemetery located in Jongno-gu Seoul on the road located in Jongno-gu Seoul Metropolitan Government (the age of 59) in front of the cemetery, and told that he/she would go to the victim to the Ghee University and go to the victim, and the said taxi would get out of the new road in front of the 1 new road of Dongdaemun-gu Seoul Metropolitan City, Dongdaemun-gu, and would make the victim get out of the new road, and would have the victim get out of the new road.

Recognizing the word "," and without any reason, at the time of alcohol, the victim's face was taken one time by hand without any reason.

Accordingly, the defendant assaulted the victim, who is the driver of the above taxi in operation.

2. On November 30, 2015, the Defendant was arrested in the act of committing the crime under the above provision of the Punishment of Minor Offenses Act and transferred a new disease to the Seoul Dongdaemun-gu Police Station located in Dongdaemun-gu, Seoul, the government office around November 17:05, and then the police officer was working at the integrated investigation office of the police station where the police officer was working, whether the Defendant committed a Chewing guson’s error;

The government performed a disturbance at the government office for about four hours under the influence of alcohol, such as Shora, Spora, Scars, and a large voice.

Summary of Evidence

1. Statement by the defendant in court;

1. Two-time suspect examination protocol against the accused (including the part recorded in C’s statement);

1. Statement made by the police against C;

1. Reporting on investigation (act inside a suspect, police agency, or police agency);

1. Reports on internal investigation (related photographs and driver's licenses related to damage);

1. Application of Acts and subordinate statutes concerning report on internal investigation (related to suspect behavior);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the use of violence, etc. against drivers, the choice of imprisonment), Article 3-3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of week in the official document, and the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

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

1. Article 62(1) of the Criminal Act 1.