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(영문) 서울북부지방법원 2016.09.23 2015고합396

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

1. On July 8, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) was on board the Korean National Bank in Seongbuk-gu Seoul, Seongbuk-gu, Seoul (5 years old) in front of the Korean National Bank, thereby getting a victim E (5 years old) to board a taxi and getting a taxi out of the steering distance of the F individual taxi in Seongbuk-gu, Seoul, and then let the passenger take the taxi out from the string distance in Seongbuk-gu, Seongbuk-gu, Seoul, and then bread the victim’s face and bread the victim’s abast without any reason while drunking it.

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

2. On July 8, 2015, around 00:53, the injured Defendant 135 of Seongbuk-ro, Seongbuk-gu, Seoul, Seoul (Maam-dong) Police Station parking lots in Seoul (Maam-dong) Seoul (Maam-dong), was punished by trial expenses with the injured party about the acts set forth in paragraph 1 of the above paragraph. The injured Defendant flicked the victim’s back so far as to make it difficult for the injured party’

As a result, the Defendant brought about the victim a back-to-date 14 days of treatment, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. The investigation report (the list Nos. 9);

1. Application of Acts and subordinate statutes of injury diagnostic certificate (influence 68 of investigation records);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 257 (1) of the Criminal Act, and selection of fines for the crime;

1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fines not exceeding 30 million won;

2. The sentencing criteria are not applicable since the person has selected a fine not to apply the sentencing criteria. 3. The crime of this case, which is a fine of eight million won, is added to the possibility of criticism on the violent itself.