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(영문) 서울서부지방법원 2015.09.04 2015고정678
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 18:10 on February 8, 2015, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim, without any justifiable reason, on the part of the victim, by putting in D taxi operated by the victim C in the Madung Station located in Mapo-gu Seoul Metropolitan Government, and serving as a post office located in the destination, which is a port of destination, on the street, and without any reason, while under the influence of alcohol.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. At the same time, the Defendant: (a) asked the victim C to stop the said taxi and pay the taxi fee in the vicinity of the Seoul Mapo-gu Office of Manwon-dong, Mapo-gu; (b) provided the victim’s bath that “I will not be a fluore, spacte, spacte, and spatch; (c) if I would know who died of death; and (d) I would be fluord; and (d) if I would get off the taxi without the victim’s request, the Defendant interfered with the victim’s taxi business by force for about 10 minutes, including but not getting off the taxi, without getting off the taxi and leaving the taxi.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of statutes on a copy of a taxi charge receipt;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 314 (1) of the Criminal Act and the selection of fines for the crime;

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

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

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

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