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(영문) 서울동부지방법원 2018.01.16 2017고정1672

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 17, 2017, the Defendant and B boarded the victim D (54 tax) in front of Gangdong-gu Seoul Metropolitan Government on the E-si operated by the victim D (54 tax).

At around 00:30 on the same day, the Defendant was on the G road located in Gangdong-gu Seoul Metropolitan Government, and was in front of the G-gu Seoul Metropolitan Government F, and the victim was able to take a bath on the ground that the victim was not in operation according to her instructions, and when the face of the victim was taken by drinking, and the Defendant was able to take the face of the victim by drinking.

Therefore, the victim's defect in 112 after the string of the taxi, and the defendant, after getting off the taxi, opened a driver's seat and opened a house and took the face and body of the victim by drinking and burning.

Accordingly, the defendant and B conspired to assault the driver of the vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements and investigation reports (to apply statutes to telephone communications by a reporting person 112);

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

1. In light of the sentencing conditions stated in the trial of this case, it does not seem that the amount of fine prescribed in the summary order is excessive even considering the following: (a) the Defendant had a history of being subject to two criminal punishment on the grounds of violent crimes for the reasons of sentencing under Articles 70(1) and 69(2) of the Criminal Act; and (b) the victim has not recovered from damage.