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(영문) 서울동부지방법원 2016.07.19 2016고정1006

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

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

Reasons

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2016. 2. 10. 02:35 경 서울 송파구 송 파대로 82( 장지 동) 장지역 부근의 도로를 운행 중인 피해자 B(57 세) 운전의 C 영업용 택시 안에서, 알려준 목적지를 제대로 찾지 못한다는 이유로 피해자에게 “ 그런 것도 찾지 못하면서 택시 운전을 좆 빤다고 하느냐

“The victim’s face was 7 times with the victim’s own hand.”

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

2. In the case of paragraph 1, the injured Defendant was stopped on the side of the road near the border area of the day, and on the ground that the victim reported the assault of the Defendant to the police by using a mobile phone, the injured Defendant was not so far away from the breath now.

Cp. The gushes refer to "Iskn't know that she may die", and the gushes caused the victim's face by hand and her head.

As a result, the defendant suffered damage to the victim's reputation that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to damaged photographs, taxi fares receipts, and diagnostic certificates;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against a driver and the choice of a fine) and Article 257 (1) of the Criminal Act (the point of injury and the choice

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;