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(영문) 인천지방법원 2014.06.27 2014고정2003

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 00:10 on March 4, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) and the Defendant abused the victim by getting the victim of the victim E (the age of 51) on board the F taxi located in Yeonsu-gu Incheon Metropolitan City, and getting him/her to leave the destination. On seven occasions, the victim, who is driving while driving the taxi while getting out of the destination, was able to take seven times as drinking. Then, the victim was able to take three times in front of the G apartment general situation room in Nam-gu Incheon Metropolitan City, while getting off the victim outside the taxi while driving the taxi with the driver’s seat while being pushed the victim’s shoulder closed in the taxi.

As a result, the Defendant inflicted an injury on the victim E on the base of 14 days of crypum cryp and tension.

2. Around 00:30 on March 4, 2014, the Defendant damaged the general situation room, which was managed by the victim H (59 years of age) of the said apartment security team, by forcibly shaking the door of the general situation room, which was handed down in front of the G apartment situation room in Nam-gu Incheon Metropolitan City, and then, damaged the property of KRW 1.50,000,000, which was kept by the said victim, by taking the door of the door of the G apartment situation room, and by taking the door of the door of gimchi storage kept by the said victim into account

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Application of the Acts and subordinate statutes to the injury diagnosis certificate and estimate;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 36 of the Criminal Act, and Article 366 of the same Act, the choice of fines for the crimes;

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

1. Articles 70 (1) 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;