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(영문) 서울북부지방법원 2014.11.14 2014고정1833
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

1. Around 03:40 on April 11, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed assault against the Victim B (the age of 39) who was driving in the vicinity of the T-gu Seoul Metropolitan Government Chang-dong 1 for business purpose in C, while under the influence of alcohol by getting in the victim taxi in the vicinity of the previous luminous Station, he was under the influence of alcohol and was under the influence of alcohol, and the victim was under the influence of alcohol in the vicinity of the two sular Station, and the victim was under the influence of alcohol in order to shoulder the Defendant. In addition, the Defendant used the victim’s arms, hair, and sound ma” as “Crata, and assaulted the victim who was under the speed of approximately 15 kilometers per hour by taking once every single part of the body and hair of the victim as drinking.

2. The Defendant, at the time and time under the preceding paragraph, tried to open a taxi door in order to use the taxi and escape. In such a case, the Defendant assaulted the victim by taking advantage of the victim’s face face, taking care of the Defendant’s arms, taking the knife, and taking the knife by hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the legislation in its opinion;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the selection of fines;

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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