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(영문) 서울중앙지방법원 2015.01.28 2014고정4864

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. Around July 26, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim, who is a driver of a vehicle in operation, on the ground that the victim B was on the top of CNFnata taxi driven by the victim B (the age of 50) at the fourth-lane 4 lane in front of the 418 west-dong Seocho-gu Seoul Seocho-gu, Seocho-gu, Seocho-gu, Seoul, and that the victim intentionally returned to the route, and that the victim intentionally returned to the route, on the other hand, the Defendant used the victim as the driver of the vehicle.

2. The Defendant, at the time and place specified in the above paragraph 1, suspended a taxi operated by the victim B at the time and place, and assaulted the victim with the victim’s face, etc., holding a door to the driver’s seat from the Plaintiff’s own taxi and making it possible for the victim to take the face from the driver’s seat at hand.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. The suspect interrogation protocol of the police as to B;

1. Application of the Acts and subordinate statutes of a photographs of damaged parts;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the selection of each fine for the crime;

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;