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(영문) 서울북부지방법원 2020.07.23 2020고단1644
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

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

Reasons

Punishment of the crime

1. On March 19, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) (hereinafter “Aggravated Punishment, etc.”) took a C-si operated by the victim B (Nam and 66 years of age) and took a bath without any justifiable reason while moving into the Seongbuk-gu Seoul Metropolitan Government head-dong, and 10 times the victim’s shoulder by hand.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. The Defendant violated the Punishment of Minor Offenses Act by getting on a taxi operated by the above B at the time and time specified in paragraph (1) and did not pay the operating fee of KRW 13,800 without justifiable grounds after having arrived at the front of Seongbuk-gu Seoul Metropolitan Government D.

As a result, the defendant did not pay a certain value without good cause on board a business vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Report on internal investigation (verification of black boxes and video images);

1. Application of Acts and subordinate statutes on investigation reports (payment of taxi fares);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Punishment of Criminal Crimes and Article 3 (1) 39 of the Punishment of Minor Offenses Act (a point of freeboard and selection of fines);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 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 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the accused has been punished by a fine for several violent crimes even before, and around 2017, the accused again committed the instant crime even though he/she had the record of assaulting the victim and having been punished as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Assault, etc.).

However, the fact that the defendant recognized the crime of this case and reflects the mistake, that the victim does not want the punishment of the defendant by agreement with the victim, and the age, occupation, character and behavior of the defendant.

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