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(영문) 대구지방법원 서부지원 2015.03.06 2014고단1179

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On June 20, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) : (a) around 10:10 on June 20, 2014, on the street in front of the C convenience point in Daegu-gu, Daegu-gu, the Defendant boarded the victim’s head of E-si and was on the front of the G convenience point in Daegu-gu, Daegu-gu, the Defendant 5-6 timeed the victim’s face to the right side of the victim’s face, on the ground that the victim became at the front of the G convenience point in Daegu-gu, Seogu.

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

2. On the date stated in Paragraph 1, the Defendant damaged the victim D’s studio 20,000 won and studio 20,000 won of the market price owned by the victim D, which is attached to the front part of the taxi in front of the above G convenience store for the said reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as ordered by the defendant in consideration of the following: although the nature of the crime is not weak because the defendant assaultss a victim who is driving, damages his/her equipment in a taxi, the confession and reflect are made, there is no record of severe punishment in addition to the fine, and the degree of damage is not severe, etc.