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(영문) 서울남부지방법원 2018.11.15 2018고합370

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 8, 2018, around 22:00, the Defendant boarded the victim C (56) in the Yeongdeungpo-gu Seoul metropolitan market (56) on D taxi operated by the victim C (56) in the Yeongdeungpo-gu Seoul metropolitan market, and became in front of Yeongdeungpo-gu Seoul Metropolitan Government E-mail around 22:15 on the same day. The victim's face part of the victim's face who was in drinking and was in drinking at one time while suffering from a dispute over taxi charge, and the victim again saw the victim's face five times in drinking.

Accordingly, the defendant assaulted the victim who is a driver in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Screenings and photographs by cutting a black stuff;

1. Application of Acts and subordinate statutes to report internal investigation (to attach photographs to black stuffs images and criminal photographs);

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 concerning the crime

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. Scope of punishment by law: A fine not exceeding 20 million won;

2. The sentencing criteria are not applicable since the scope of the recommended punishment is selected according to the sentencing criteria.

3. Determination of sentence: Determination of sentence: The defendant's act of assaulting the victim, who is a taxi driver, in operation, is not limited to an unlawful violation against the driver's body, but also may cause danger and criticism in that it threatens the safety of pedestrians and other vehicles, etc., which may lead to large-scale accidents of human life damage. The defendant takes time when the victim's face while driving without good cause, so it is favorable for the defendant to recognize and reflect the defendant's mistake; the defendant seems to lead to the crime of this case; the defendant appears to have committed the crime of this case by contingently; the defendant's first offender without previous conviction; the defendant's use of the victim's personal injury does not want the punishment of the defendant.