(영문) 서울동부지방법원 2017.10.20 2017고정1031

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(영문) 서울동부지방법원 2017.10.20 2017고정1031

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

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

Reasons

Punishment of the crime

A. On April 26, 2017, around 14:50 on April 26, 2017, the Defendant: (a) boarded a private taxi operated by the victim B in the vicinity of Seongdong-gu Seoul Metropolitan Government, and took a bath on the ground that the victim returned to the 210 children’s large park, Seoul Special Metropolitan City Gwangjin-gu, Seoul, and around April 26, 2017, at around 15:00, at around 210 children’s large park near the destination, the Defendant took an act of assaulting the victim’s head in his/her hand and booming the mobile phone on his/her part.

B. On April 26, 2017, the Defendant committed assault, such as assaulting, around 15:15, in the course of arresting and taking custody of the victim as an offender in the act of committing an act of committing an act in the police box, the Defendant: (a) sent knee of the victim once knee of the victim; and (b) took the victim’s household.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 260 (1) of the Criminal Act and the 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. Taking into account the following circumstances: (a) the Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act, including the Defendant’s appearance and risk of the instant crime; (b) the Defendant avoided disturbance while serving in the police box; and (c) assaulting the victim: (a) the Defendant has no criminal history; and (c) the Defendant’s age, sexual conduct, criminal record, criminal record, means and consequence of the instant crime; and (d) the amount of fine prescribed in the summary order is excessive even if all of the sentencing conditions specified in the instant trial process, including the Defendant

It does not seem that it does not appear.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

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