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(영문) 의정부지방법원 고양지원 2013.08.22 2012고정1651

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 24, 2012, around 19:30 on June 24, 2012, the Defendant was boarding a D private taxi operated by the victim C (67, South Korea) in the new Triri-gu Seoul Metropolitan City located in Eunpyeong-gu, Seoul, and became on the front road of the "F Hospital" located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Goyang-si, and became a Sifri-gu problem with the location and fare of the vessel, the Defendant assaulted the part of the victim's left right frith of the taxi once.

Summary of Evidence

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 260 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged was boarding a private taxi operated by C as indicated in the above facts constituting the crime, and was on the front road of the “F Hospital” located in Seoyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, 2012, around June 24, 2012, the Defendant used the victim’s blick-gu flick-gu flick-gu flick-gu flick-gu flick, and used the victim’s flick-gu flick-gu flick-gu flick-gu

2. There are the C’s written statement, the police statement of C with respect to the third protocol of trial, the witness C’s statement in the third protocol of trial, and the witness C’s legal statement.

However, the statement of C is not consistent with the destination of the Defendant from the investigative agency to the examination of the witness two times, the background leading up to the return of the destination of the Defendant, the location where the taxi stops and the situation where the taxi stops, whether the taxi moves thereafter, etc., and it is difficult for the Defendant to believe that the Defendant continued to drive a taxi while driving the cab and driving it behind the hospital, while driving it at the seat of the hospital, and stopping the cab bypassing it to the front air of the hospital is not natural due to the driver’s behavior committed during driving. The remaining evidence submitted by the Prosecutor is alone.