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(영문) 대구지방법원 김천지원 2013.11.05 2013고정448
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 23, 2013, at around 14:40, the Defendant boarded the seat of the Korean National Bank located in Kimcheon-si, Kimcheon-si, in front of the Korean National Bank that was operated by the victim C (the age of 55).

The Defendant assaulted the victim's face by using the victim's own drinking without any justifiable reason in the situation where the victim's vehicle was in the peace-dong around 1, 200, a crosswalkd by the mental retardation disorder 2 at the time of his/her disability or lacks decision-making ability.

Summary of Evidence

1. Each police statement of C and E;

1. Report on internal investigation (limited to the attachment of black papers);

1. Application of Acts and subordinate statutes to report on investigation (in relation to attachment, such as a suspect's medical certificate);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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