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(영문) 서울중앙지방법원 2017.12.21 2017고단7370

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

1. On September 28, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) was under the influence of alcohol on September 28, 2017, when he gets on a victim E ( South, 63 years old) in front of the victim D in Gangnam-gu Seoul, Seoul, and was on a F taxi operating this operation. On September 28, 201, the Defendant got off the victim’s driver’s seat on several occasions while he was under the influence of alcohol at approximately 40 km as Gangnam-gu Seoul, Gangnam-gu, Seoul, about 23:10, when he got off the victim’s driver’s seat on several occasions and was demanded to keep him only from the victim.

Accordingly, the Defendant assaulted the victim who is operating a taxi as above.

2. Around September 28, 2017, the Defendant destroyed property: (a) around 23:10 on the south of Korea; (b) on the ground that the said victim reported 112, the Defendant laid down a cellular phone with Han River equivalent to KRW 690,00 in the market value owned by the victim.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act, and the choice of fines for the crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case, such as assaulting the driver of this case while under the influence of alcohol despite the past record of criminal punishment on several occasions, including a fine and suspended execution, by driving of alcohol or obstructing the performance of official duties after drinking, should be determined to select imprisonment in that the defendant commits the crime of this case.

I seem to appear.

However, the degree of the assault of this case is not very serious, and the defendant's criminal act of this case is divided into a petition, so that it would not be re-written, and the victim is punished by agreement with the defendant.