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(영문) 서울서부지방법원 2019.03.27 2018고단4461 (1)

특수폭행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A victim B, around 13:30 on December 8, 2018, driven a C Aburpted Vehicle in Yongsan-gu Seoul and proceeded along two lanes among four lanes between distribution intersections in Gangnam-gu Seoul Metropolitan Government, and proceeded in three lanes in the middle of the distribution intersection. The Defendant’s Done Star, who was driving in the middle of Yongsan-gu, changed the two lanes into one another on the ground that the Done Star Vehicle, who was driving in the middle of his own in his own future, changed the two lanes into one another on the front side of the said Lone Star Vehicles, driving the vehicle, driving the vehicle in the middle of Yongsan-gu, and driving the two lanes, driving the vehicle in the middle of the two lanes, driving the vehicle in the middle of the two lanes, driving the vehicle in the future, driving the vehicle in the middle of the two lanes, and changing the two lanes into one another.

The Defendant, at the same time and place as above, was subjected to retaliationed driving from the victim, and was in the front part of the victim’s vehicle by taking a brupt vehicle in front of the victim’s hurged vehicle with a different two-lanes, and received the part of the driver’s seat on the part of the victim’s vehicle.

Accordingly, the defendant carried dangerous objects and destroyed the victim's vehicle so that the repair costs can be lost.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to accident sites and photographs of damaged parts;

1. Article 369 (1) and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. The act of damaging a victim's vehicle by cutting the victim's vehicle in front of the victim's vehicle, which is a dangerous object for sentencing in Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: Provided, That the fact that it is an contingent crime, the fact that the victim who is the defendant expresses his intention not to punish him, and other age, character and conduct of the defendant;