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(영문) 서울중앙지방법원 2015.09.09 2015고정1790
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant,

1. On February 14, 2014, around 04:15, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was committed on the street in front of the “Ecafeteria” located near the entrance and exit of D 1 located in Gwanak-gu, Seoul Special Metropolitan City.

While the above taxi was in progress at the destination, the defendant had been leaving the room, and he demanded that he be responsible for the return of the taxi to the above D which he first boarded.

While the victim was living in the vicinity of the Gu H at the request of the defendant, the victim took a bath while the victim was living in the vicinity of the Gu H, and the victim took a house, and assaulted the victim by taking the back head of the victim in his/her hand, taking the back head into his/her hands and facing his/her head in his/her own glass;

2. At around 04:27 on the same day of the assault, the victim prevented the Defendant from leaving a room without paying taxi expenses in front of the J-cafeteria located in Gwanak-gu Seoul Special Metropolitan City.

The defendant, with the elbow of the victim's face being sealed and taken back by hand the back head of the victim, and assaulted the victim's face toward the free will of driving.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement to F and K;

1. Application of Acts and subordinate statutes to a report on investigation (related to the process of obtaining a black image and the analysis thereof);

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 260 (1) of the Criminal Act; and the selection of fines for negligence concerning 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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