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(영문) 춘천지방법원 강릉지원 2018.10.16 2018고단568

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on April 26, 2018 at the Gangnam Branch of the Chuncheon District Court, which became final and conclusive on April 26, 2018 and is currently under suspended execution.

[2] On June 10, 2018, the Defendant: (a) 03:15 around 03:15, while the Defendant was traveling on the back seat of the victim D(S) drive E in front of the store B located in Gangnam-si, and was moving on the back seat of the victim D(S) for business use; (b) without any particular reason, the Defendant expressed the victim’s bath that “this rings, lockeds, lockeds, and rings,” and took the victim’s face at one time on the hand.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to a investigative report (a photograph and CD attachment by cutting a taxi boom and cutting a boom), a black boom image, and a photograph by cutting it out;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the conditions of all the sentencing recorded in the records, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, the circumstances before and after the commission of the crime, and the details of the crime, as set forth in the order.

A disadvantageous circumstance: A normal circumstance that commits the instant crime without being well aware of the fact that he/she committed the instant crime even during the suspension of execution: The degree of assault is relatively insignificant.