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(영문) 창원지방법원 2016.06.02 2016고단769

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

1. Around January 5, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) (hereinafter referred to as the “Aggravated Punishment, etc.”) -3:35 on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”) - that the Defendant - a victim C (53 Do Governor) was aboard the Do office of Gyeongnam-do who was driving and was traveling between places other than a destination and the victim, a driver of the said taxi,

C. C. E. K. K.E. Ha. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W. L. L. L.W. L. L.W. L. L.W. L.W. L

2. On January 5, 2016, at around 03:47, the Defendant’s insultd “F cafeteria” located in the counter E of Changwon-si, Changwon-si: (a) on the part of the Defendant: (b) on the part of the Defendant: (c) on the part of the victim who was reported by C and was dispatched by C; (d) on the part of G police officers belonging to the Changwon-gu Police Station of the Changwon-gu, the Defendant reported the details of the report against C; and (e) on the part of the victim’s listened by C, the Defendant “I am, Chewing ma

In a large sense, the victim openly insultingd the victim by taking a bath.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police in relation to C and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 311 of the Criminal Act concerning the crime;

1. Selection of each selective fine for punishment [The consideration, such as the fact that an agreement is made with the victim of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the fact that 500,000 won is deposited for the victim of the crime of insult, the victim of the crime of insult expresses his/her intention to "the victim of the crime of insult is punished, but the victim disturbs him/her," and the fact that

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defense counsel under Articles 70(1) and 69(2) of the Criminal Act with respect to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) shall stop the defendant.