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(영문) 서울중앙지방법원 2014.12.29 2014고정5377

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around 02:30 on October 21, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault on the back of the victim who was on board the C-si located in the back of the C-si operated by the victim B (ma, 53) on the street prior to the 809-17 T-dong, Gangnam-gu, Seoul, by taking advantage of the e-si located in the back of the C-si and without good cause.

2. The Defendant, at the same time and place as that set forth in the preceding paragraph of the assault, abused the victim’s face when 112 report was taken by getting the said victim to a taxi, or when taking the victim’s face into drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of B’s written laws and regulations;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of each of the crimes above is aggregated);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.