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(영문) 수원지방법원 안양지원 2018.04.25 2017고정924
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[criminal records] On June 5, 2015, the Defendant was sentenced to one year of suspension of execution by imprisonment with prison labor for a violation of business affairs in this court, and the above judgment became final and conclusive on June 13, 2015.

[Criminal facts]

1. On May 1, 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) said on May 1, 2010, the Defendant: (a) boarded the Victim B (S) taxi in the C taxi in the vicinity of the Park Man-dong located in the Man-gu Mang-dong, Mang-gu, Mangyeong-gu; and (b) said that the Defendant “a person who operated the said taxi is informed of the intent” to the Defendant; and (c) said, “a person is going to know of the intention;

The victim, who was a driver of a motor vehicle in operation in one time, committed an assault on the part of the victim's left side by drinking the victim.

2. On the same day as above 1:22:10 on the same day as above, the Defendant continued to take a bath while waiting to undergo an investigation by committing the act identical to the above 1 at the E District of the Ansan Police Station E-gu, Ansan-si, Ansan-si., the Defendant, who had continued to sit in the atmosphere from F (28 years old) who was assigned to the said patrol group.

“Abrepted a horse to hear the horse, and interfere with the legitimate execution of duties concerning the investigation, etc. of Fman’s criminal investigation, etc., such as drinking a Fman’s clothes at once.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. A copy of the B statement;

1. A report on investigation;

1. Previous convictions in the judgment: Application of the first-class statute of this Court Order 2015 High Court Order 289

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13351, Jun. 22, 2015); Article 136(1) of the Criminal Act (amended by Act No. 13351, Jun. 22, 2015); the selection of each fine for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The former Criminal Act (amended by Act No. 12575, May 14, 2014).

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