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(영문) 제주지방법원 2020.04.10 2018고단2459
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On October 22, 2018, the Defendant: (a) around 15:40 on October 22, 2018, 2018, on the part of the Defendant: (b) assaulted the said victim, the driver of the said victim, who was a driver of the said vehicle, at the time of driving the said victim’s head at the time of the said victim’s head on his/her hand, while boarding the victim’s D (the age of 63) E-si in the drive of the victim D (the age of 63) and going to the “G” located in the Seopopo City F, a destination for destination.

2. The Defendant stated, around February 11, 2018, that “A shipowner shall embark on the ship from August 2018 to June 2019, 2019, that “A shipowner shall be punished by a fine of KRW 15 million, including a fine of KRW 5 million paid by the shipowner on January 12, 2018.”

However, even if the defendant receives a prepaid payment from the above victim, he did not have the intention or ability to board the said victim's fishing vessel as a seafarer.

The Defendant, as above, by deceiving the said victim, received KRW 10 million from the said victim to the Nong Bank account in the name of a cohabitant who was employed by the Defendant around February 12, 2018.

Summary of Evidence

[2018 Highest 2459]

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement made by the police about D's written statement; and

1. Written statements prepared in D (2019 Highest 979);

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Each statement made by the police officer against J of each protocol of statement;

1. Entry into investigation reports on police preparation and telephone communications of M-related persons;

1. Statement of replies at the request of the representative director to cooperate in investigation (including attached documents);

1. Each entry into the copy of the seafarer labor contract, the inquiry into the accused on board, and the details of financial transactions in the regional concentration cooperatives;

1. Application of the video Acts and subordinate statutes to photographs of inquiry lists of labor details;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 1 of the Decision on the Aggravated Punishment, etc. of Specific Crimes

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