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(영문) 서울중앙지방법원 2018.04.13 2018고정422
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Around 01:20 on December 31, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) was on board a CNF small taxi operated by the victim B in the vicinity of Gangseo-gu Seoul Metropolitan City, Gangseo-gu, and was moving to the Seoul, Nowon-gu, Seoul, a residential area of the Defendant, and was in the vicinity of the new company in Gangnam-gu, Seoul, Nowon-gu, which is the Defendant’s residence, and without any justifiable reason, the Defendant is able to see that it is a mixed taxation and taxation.

“In doing so, the driver of a motor vehicle in operation assaulted the driver of the motor vehicle by assaulting the victim, such as at least three times the victim’s face and breast part of his/her breast, and booming the victim’s neck.

2. 재물 손괴 피고인은 제 1 항 기재 일시ㆍ장소에서 제 1 항 기재와 같이 폭행을 당한 피해 자가 피해자 소유의 휴대전화( 삼성 갤 럭 시 S7, 시가 80만 원 상당) 로 112 신고를 하려고 하자, 피해자의 휴대전화를 낚아챈 다음 이를 차 밖으로 던져, 휴대전화의 액정에 금이 가고 화면이 나오지 않게 함으로써 시가 80만 원 상당의 피해자 소유의 휴대전화를 손괴하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim B;

1. Standing photographs;

1. Investigation report (related to shote E phone statement);

1. Application of Acts and subordinate statutes to investigation reports (Submission of written applications for punishment and telephone communications of the suspect and the victim);

1. Article 5-10 (1) of the Act on Special Cases Concerning the Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on Special Cases Concerning the Punishment, etc. of Specific Crimes for the Crime and the Selection of Fines) and Article 366 of the Criminal Act;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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