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(영문) 서울서부지방법원 2012.10.17 2012고정90

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 02:40 on September 27, 201, the Defendant assaulted the victim’s hair, neck, etc. on the ground that the victim C (the age of 52) driving from the entrance of the Mapo-gu Seoul Mapo-gu Mapo-gu, Seoul to the Mapo-dong to the Mapo-dong broadcasting station located in the same Gupo-dong on the ground that the victim C (the age of 52) returned to the road.

2. The Defendant continued to use the buckbucks for walking the victim at one time after the victim gets off a taxi in front of the fucking station.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes on witness E's partial statement;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 260 (1) of the Criminal Act (the point of assault), and selection of fines, respectively, for the crime;

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

1. The defendant's argument regarding the defendant's argument under Articles 70 and 69 (2) of the Criminal Act for the confinement in the Nowon-gu. However, the defendant denied the charges of this case as well as the evidence mentioned above, although based on the defendant's own legal statement as well as on the defendant's own legal statement, specific facts are different, or when the defendant received a taxi, etc. and got the victim's shoulder while boarding the taxi, and took a bath with the victim's shoulder while pushing the defendant at the taxi. Thus, the charges of this case are sufficient to prove it.