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(영문) 서울북부지방법원 2012.08.30 2012고정727
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 23:05 on January 22, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence) committed an assault against the victim on the floor of hand, which was driven by the victim C (50 years of age) under the direction of the government of the road that is located in the west-dong branch line in Seoul Special Metropolitan City, Nowon-gu, for the purpose of D business, when boarding in the juk branch line located in Seongdong-gu Seoul Metropolitan City, and making the alcohol in the above place, and was under the influence of alcohol at the above place, while breathing the victim “I want to die. I want to die. I want to die. I want. I do not know of who is in the middle part.” On the part of the water department, the Defendant assaulted the victim on the part of the victim at two occasions

2. On January 22, 2012, the Defendant assaulted the victim, as described in paragraph 1, and, on January 22, 2012, around 23:15, the Defendant: (a) intending to park and report a vehicle in the Changdong Police Station located in Dobong-gu Seoul, Dobong-gu, Seoul; (b) she gets off according to the Defendant; (c) and (d) she s

Summary of Evidence

1. C’s legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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

1. Articles 70 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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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