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(영문) 인천지방법원 2018.07.26 2018고정1530
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a passenger who gets on a C-si operated by the victim B (59).

1. Around May 13, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault of a driver) was on board a taxi operated by the injured person in Sincheon-dong, Sincheon-dong, and was in the vicinity of the Southern Dong-dong, Incheon Metropolitan City around 23:05 on the same day, and assaulted the injured person with a view to drinking expenses, with a view to drinking the victim’s bream, his/her right bream, and a flusium by drinking.

2. When the Defendant assaulted the victim at the same time and place as in the foregoing paragraph 1, the Defendant: “The head of the property damage inflicted on the victim’s cell phone jum (S8 Handphones) by cutting off S8 Handphones at the market price of Samsung jum (900,000,000,000,000,000,000,000,000,000,000,000 won).

On the other hand, 365,750 won of the repair estimate was damaged, such as the metres receiver, the vacant, and the chief A pen part installed in the taxi continuously, and the miscellaneous c.65,750 won was removed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to internal investigation reports, photographs of damage, investigation reports (the relative investigation, etc. of the victim), and investigation reports (the counter investigation, etc. of the suspect A);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by the driver of a motor vehicle), Article 366 of the Criminal Act, and selection 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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