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(영문) 인천지방법원 부천지원 2016.04.07 2016고정207

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a passenger boarding CK5 taxi operated by the victimized person.

1. On December 18, 2015, the Defendant: (a) taken a taxi in front of the D Hospital located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, to a taxi operated by the victim E (65 years old and South) and went to the police station at the destination, which is the police station.

On December 18, 2015, at around 21:10, the Defendant used the victim E (65 Does, South Korea) to change the destination and to go back to the sub-astronomical transmission details, but the victim refused to change the direction on the expressway. The Defendant assaulted the victim who is driving a motor vehicle by making it possible for the victim to change the direction on the expressway.

2. The Defendant, like the foregoing “A”, acquired financial benefits by deceptioning 20,000 won of the operating fee after taking a taxi on the taxi operated by the injured person while having no intent or ability to pay the taxi fee in front of the hospital located in the Bupyeong-gu Incheon Metropolitan City, by taking advantage of the taxi from the taxi to the front of the off-si in the Bupyeong-si, Bupyeong-si, and instead not paying the taxi fee.

Summary of Evidence

1. The defendant's legal statement (the confession of the crime was made on the second trial date);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 337 (1) of the Criminal Act, and the selection of fines for the crime;

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

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.