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(영문) 인천지방법원 부천지원 2014.01.22 2013고정1859

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 15, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.): (a) the Defendant driven a car of Bakiki, which was driven by the driver of the victim C (age 62) who was driven in the same direction from the front side of the Defendant’s vehicle while driving the car of Bakikiki in the direction of strengthening the 527th head of the Kimpo-si, Gopo-si; and (b) the Defendant was driven by the driver of the vehicle in the front side of the vehicle in the front side of the Defendant, on the ground that the children of the Defendant, who was driven by the vehicle in the front side, parked down from the vehicle temporarily stopped in the traffic condition with the driver’s seat of the said victim; (c) opened the driver’s seat; and (d) forcedly drawn the victim from the vehicle by putting the victim’s dub.

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

2. In the same time, at the same place as in the preceding paragraph, the injured Defendant committed assault to the victim, such as inducing the victim C from the vehicle, moving the victim to the Defendant in a parked vehicle, moving the son, cutting the son in the vehicle, cutting the son’s satch, cutting the satch, cutting the victim’s head into the floor by sating the satch, cutting the victim’s head into the satch, cutting the satis, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (C);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and the selection of fines for each crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;