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(영문) 서울북부지방법원 2015.07.17 2015고정227

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant and C are members who study the humanities as a hobby activity.

On December 1, 2014, at around 21:50 on December 21, 201, the Defendant and C moved in E-si operated by the victim D (the age of 60, the remaining) in the vicinity of Jongno-gu Seoul Jongno-gu Seoul Metropolitan City Gyeonggun-si Office, and C sits in the back seat, and the Defendant sits in the back seat, and gets in the wallsan apartment distance while he was sitting in the front seat and was in the front seat and was in the front seat, he saw the victim's neck with two arms without any reason, and the victim saw C's hand kh with the right-hand part of the victim.

As a result, the defendant and C assaulted the driver of the vehicle in operation jointly.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes related to flance of D's timber;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 30 of the Criminal Act concerning the relevant criminal facts and the selection of fines;

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

1. As to the defense counsel's assertion of provisional payment order under Article 334 (1) of the Criminal Procedure Act, the defense counsel asserts that the driver's assault under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be applied to the above crime, and since the defendant agreed with the victim, the dismissal judgment

However, according to the evidence in the above holding, it is sufficiently recognized that the defendant committed assault against the victim in the taxi operation in collaboration with C, so the above assertion by the defense counsel cannot be accepted.