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(영문) 의정부지방법원 2018.05.31 2017고정817

특수폭행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 4, 2016, the Defendant: (a) was a person engaged in driving Category B vehicles; and (b) on October 4, 2016, the Defendant, on the ground that the Defendant did not intentionally impair the Defendant’s right of way to the vehicle of the victim C in the vehicle located on the local-to-land highway in the vicinity of the JC in the city-to-Spo-si, Kim Jongcheon-si, the Defendant: (c) by using a dangerous vehicle by using a vehicle, which is a dangerous object, by making a sudden operation after changing course in the front of the damaged vehicle; and (d) by using a vehicle, which is

Summary of Evidence

1. Statement by the defendant in court;

1. A statement after being examined by the people, a next inquiry, a report on internal investigation (a report on the identification of the person under suspicion), and a statement in writing C;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant’s acknowledgement of the instant criminal facts and reflects his/her mistake; and (b) the fact that there is no record of special criminal punishment except for the punishment of a fine for an injury in 2013 as a result of the crime of injury in light of the fact that there is no record of a special criminal punishment against the Defendant.

However, on the other hand, the crime of this case that threatens the victim on the ground that the victim did not yield a change in the lane, such as sudden driving in front of the victim driving vehicles, is not less than the nature of the crime in light of the content and method of the crime. The so-called "retaliatory driving," such as the crime of this case, requires strict punishment in that the crime of this case causes traffic obstruction and may cause serious danger to the life and body of the other driver of the vehicle or the passenger, as well as the other driver of the vehicle or the passenger, and not only the other driver of the vehicle or the passenger, but also the other driver of the vehicle or the pedestrian in the vicinity of the same or similar case. It has not been agreed with the victim until now, or has not