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(영문) 창원지방법원 2017.11.29 2017고단2612

폭행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 2612" operates a factory with the trade name "D" in Kimhae-si C, and the victim E (56 years old) operates the freezing warehouse business with the trade name "F" at the above address, and the defendant and the victim jointly use the entrance and exit of the factory.

around 08:45 on June 3, 2017, the Defendant received a request from the injured party to “to move a vehicle parked in order to enter the vehicle for work” from the injured party, and the victim “on the other hand, I would like to deduct the vehicle at present.”

"In doing so, the victim and the trial expenses are being boomed, and the victim's right-hand part is blicked twice with the left part of the victim.

A person who intends to operate construction machinery of 2017 Highest 3249 shall obtain a construction machinery pilot's license from the head of a Si/Gun/Gu.

Nevertheless, at around 11:30 on May 31, 2017, the Defendant operated a G5 tons vehicle to remove the factory fence without obtaining a construction machinery pilot's license from the front factory in Kimhae-si C.

Summary of Evidence

"2017 Highest 2612"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (verification, etc. of CCTV images) 2017 Highest 3249 ";

1. Statement by the defendant in court;

1. A report on detection of suspected violation of the Construction Machinery Management Act (non-licenseed driving);

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of unauthorized License);

1. Relevant legal provisions of facts constituting an offense, Article 260 (1) of the Criminal Act (a crime committed), Article 41 subparagraph 2 of the Construction Machinery Management Act, and Article 26 (1) (a) of the Construction Machinery Management Act (a person who operates construction machinery without obtaining a construction machinery operator's license) and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant has been punished not less than 30 times in total, including the same and similar criminal records in several times, and is distinct.