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(영문) 수원지방법원 2014.12.10 2014고단5257

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

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

Reasons

Punishment of the crime

On August 31, 2014, the Defendant: (a) around 23:30 Lgalgalian department stores in Suwon-si, 1125-1, on the front of the “galgalgal” department stores; (b) on the back seat of D taxi operated by the victim C (the age of 48) and on the back seat of the destination, the Defendant was at the time when the victim was and the Si was at the time when the victim and the Si was at the time when the head of the victim was at the time three times.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Selection of a fine in consideration of all the circumstances, such as the fact that a mistake of one's identity is repented and that an agreement has been reached with the victim for the crime);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is as follows: (a) the Defendant first demanded the said victim C to leave the road in front of the “Detention Center” located in Suwon-si, Suwon-gu, 1132-4, where he was boarding the said taxi; and (b) the Defendant abused the victim by taking the victim’s chest and face on several occasions due to the occurrence of a dispute with the victim, while getting off the taxi at that place; and (c) assaulting the victim by taking the victim’s chest and face on several occasions.

2. Determination

(a) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act;

(b) Declaration of intention that the victim does not want punishment after prosecution;

(c) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;