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(영문) 서울중앙지방법원 2017.05.11 2016고단8704
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] On October 20, 2016, the Defendant was sentenced to a suspended sentence of two years at the Seoul Central District Court on June 20, 2016, and the judgment became final and conclusive on January 20, 2017.

[Criminal facts]

1. Around 00:30 on September 6, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc.) brought in the back seat of the victim B (63) Dok-dong in Songpa-gu Seoul Songpa-gu, Songpa-gu (63) and brought in the back seat of the victim B (63) Dok-si in Seoul, which is located in the E hotel located in Gangnam-gu, Gangnam-gu, Seoul, which is a destination, to take time off from the 25 sports distance of sports sites located in Songpa-gu, Songpa-gu, Seoul, as an issue of the direction of running the taxi

The Defendant, at the request of the Defendant, abused the driver of a motor vehicle who was in possession of a Handbag who expressed his desire to “I do not want to drive, I do not want to do so,” and was in possession of the victim “I do not want to do so,” and used the driver of a motor vehicle who was in operation one time at the right face of the victim.

2. The Defendant, who was assaulted as stated in paragraph 1 at the date and time and place set forth in paragraph 1, stops the taxi in the direction of delivery, and then leaves the taxi from the taxi, “I n't see how the Defendant gets off the taxi and, if so, n't.

“In the handsbags of this paragraph, the victim assaulted the victim, such as making three times the left face of the victim’s handbags in possession of the defect.

Summary of Evidence

1. Each legal statement of witness B and F;

1. Each statement of B and F;

1. Investigation report (in relation to the relative investigation by police officers arresting suspects and the act of suspects);

1. Previous convictions: Inquiries about criminal history, court rulings, and application of Acts and subordinate statutes of inquiry about summary information of cases;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 70 of the Criminal Act to attract a workhouse.

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