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(영문) 서울중앙지방법원 2016.08.10 2016고정1772
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc.);

A. On April 17, 2016, the Defendant: (a) 03:20 on April 17, 2016, 2016, the Defendant: (b) boarded on the vehicle of the Victim C (56 Doe, South) who is a proxy driver in B (56 Doe, South) driveed, and was seated on the back seat, and went home to E at the residence of Dongjak-gu Seoul Metropolitan Government, the destination of which was scheduled, and was frightd at around 03:40, the Defendant used the victim’s back head at one time at the floor of the back.

B. The Defendant continued to drive in the vicinity of the Dongjak-gu Seoul Metropolitan Government F on the same day at around 04:15, “Isk for the internal police station, and why Isk for it?

"The breath of alcohol and assaulted the back of the victim on two occasions with the back of the victim."

2. After assaulting the victim who is driving at the same time and at the same place as the above paragraph 1-b, the injured Defendant assaulted the victim at the same time and at the same place as above, the victim was able to get off the vehicle, and the victim was able to get off the vehicle from the vehicle in order to get off the vehicle, and was able to take off the victim's face by drinking the vehicle, and was able to take off the victim's face from the vehicle in order to take off the driver's face from the vehicle, and used the victim to walk on the part of the body.

As a result, the Defendant suffered injury to the victim on the flusium, flusium, flusium, and tension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A victim's photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 257 (1) of the Criminal Act, and the choice of fines for the crime;

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

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

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

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