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(영문) 전주지방법원 군산지원 2017.05.31 2017고단330
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

1. On March 2, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed an assault against the victim when he/she takes a breath boarding the light of the victim D (53 tax) while under the influence of alcohol on the road front of the bowlinging site B in the following city B, and takes a bath without any justifiable reason against the victim who takes a destination while driving a breath, and assaults the victim when he/she takes care of his/her face and head.

2. On March 2, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) recommended police officers to return home at the Peace District District of the Yasan Police Station located in 26, Yasan-si, Yasan-si, Yasan-si, Yasan-si; (b) and (c) without any justifiable reason, the Defendant, without any justifiable reason, led the Defendant to fluencing a disturbance by avoiding disturbance for about 30 minutes, such as fluoring the bitch of bitch, and fluoring the bitch of bitch of a bitch of a bitch.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against drivers, the choice of fines), Article 3-3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation of liquor, and the choice of fines);

2. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of both crimes) shall be aggravated for concurrent crimes;

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

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Application of the sentencing criteria in favor of a penalty] is as follows: (a) Other factors such as the defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) other factors of sentencing such as the defendant’s age, sex, environment, motive, means and consequence of the crime, etc. shall be determined as

The favorable circumstances: Recognizing each of the crimes of this case, it is against the law.

The defendant committed each of the crimes of this case in a drunken state.

The agreement was reached with the victim.

Conditions disadvantageous to him:

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