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(영문) 의정부지방법원 고양지원 2016.11.11 2016고단2106

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

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

Reasons

Punishment of the crime

Around 6:20 on April 30, 2016, the Defendant: (a) was on the part of the victim B (the 73-year-old), who was on the part of the victim B (the 73-year-old-gu), and was in the middle distance of the 2-dong in Seoul Myeon-2, the Defendant committed an assault against the driver of a motor vehicle in operation by putting the signal atmosphere into the vicinity of the victim’s right play, i.e., “the cex feas, the feas, the feas feas .e., why the feas ., the feas .e., the feas feas ., the feas feas feas feas feas f.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the investigation report (box image);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment has the record of being punished more than ten times due to violent crimes, and in particular, even though the crime of this kind was committed during the period of repeated crimes, it was repeated to commit violent crimes.

However, the fact that the defendant seems to repent the crime, the fact that the victim has agreed smoothly with the victim, and the fact that the defendant has committed the assault once in favor of the defendant shall be taken into consideration.

In this context, the sentencing conditions such as the defendant's age, character, environment, occupation and career, family relationship, motive and background of the crime, details of the crime, circumstances after the crime, etc. shall be determined as per the order.

Public Prosecution Rejection Parts

1. On April 30, 2016, the Defendant 1569 at the center of Yongsan-gu, Seoyang-si and 1569 at the center of Goyang-si and the victim D (age 42) at the victim D (age 42) in front of the opening of the dialogue Station 4, leaving the victim go to the Seoul Myeon-dong and go to the Seoul Myeon-dong, but the victim was making it impossible for him to go to the Seoul Myeon-dong, thereby making the victim go to be a driver from the taxi.