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(영문) 의정부지방법원 2016.04.20 2015고단3768

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 18, 2015, the Defendant refused to pay the taxi fee on the ground that the Defendant went in front of the military unit of the 110-73 association of South-gu, Hongyang-si, Hongyang-si, the purpose of which is to get in the D Do-si operated by the victim C (56 tax) in the vicinity of the Namyangyang-si market. In order to file a report, the Defendant abused the victim, including the victim, who gets out of the victim’s inside while moving the Do-dong police box to the Geumdong Police Station of the Namyang-gu, the Namyang-si, the Gyeonggi-gu, the Gyeonggi-do, the Police Station of the Republic of Korea, in order to let the victim move to the Do-dong with the Do-dong police box, and boomed the victim’s arms

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of C’s statement;

1. Videos of photographs extracted from black stuffs;

1. Entry of a report on internal investigation (for black images, for black stuffs);

1. Application of video Acts and subordinate statutes to a copy of a black stuffed image;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

In light of the fact that the defendant led to the confession of the crime, the degree of assault committed by the victim is minor, the victim does not want the punishment of the defendant, the criminal records of the fine, the fact that the defendant does not have any criminal records of the suspension of execution or more, and the monthly income of the defendant (15 pages of evidence record).