(영문) 서울중앙지방법원 2020.05.13 2020고단1403

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(영문) 서울중앙지방법원 2020.05.13 2020고단1403

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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

On February 23, 2020, at around 15:28, the Defendant: (a) boarded the victim’s face and part of the passenger taxi seat operated by the victim B (the age of 61) in the vicinity of the New Disease Control in Dongjak-gu Seoul Metropolitan Government; and (b) assaulted the victim’s face and part of the driver’s seat on the front of the Dongjak-gu Seoul Metropolitan Government D, without any reason, by drinking the victim’s face and part of the driver’s seat.

Accordingly, the Defendant assaulted the victim who is a driver operating a vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to report on investigation (the investigation of booms and videos submitted by a victim);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The instant crime committed by the Defendant, without any reason, assaulting the taxi engineer within a taxi in operation without any reason; the assault against the driver is a crime that may cause a traffic accident and threaten the safety of the general public as well as the driver; the Defendant’s record of punishment for the same kind of crime in around 2015, which is advantageous to the fact that the Defendant recognized the instant crime: (a) was against the mistake by the Defendant; (b) the Defendant agreed with the victim when paying 2.5 million won to the victim by mutual consent; and (c) the victim did not want the punishment of the Defendant; (d) the Defendant’s age, character, environment, health conditions, circumstances leading to the crime, means, and results; and (e) the circumstances after the crime, etc. shall be determined by taking into consideration the sentencing conditions prescribed in Article 51 of the Criminal Act,

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

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