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(영문) 인천지방법원 2016.08.12 2016고정910

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On February 12, 2016, around 01:35, the Defendant assaulted the victim’s left hand at one time on the back of the back of the instant passenger car operated by the victim D (55 years old) on the roads of the width of the gas station located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, for business purposes, to the taxi market operated by the victim D (55 years old).

2. Around February 12, 2016, around 01:45, the Defendant committed assault against the victim by avoiding the Defendant by the victim D in a new flag market located in a 58-ro, Nam-gu, Incheon, Nam-gu, Incheon, and raising him/her in front of his/her escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 260 (1) of the Criminal Act and the selection of each fine concerning the crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;