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(영문) 서울북부지방법원 2018.05.03 2018고정362
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

On September 15, 2017, around 20:40, the Defendant: (a) on the two-lanes in front of the Seoul Jung-gu Seoul Metropolitan Government (60) a D's car driving on behalf of the Victim C (60). On September 15, 2017, the Defendant used the phone that the Defendant had a mobile phone from the Defendant’s driving; (b) served the Defendant with the phone that the Defendant had a mobile phone; and (c) served the Defendant with the phone that the Defendant had a cell phone, and (d) served the Defendant on the face of the b

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on investigation;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of this part of the facts charged is as follows: (a) the victim who was assaulted at the same time and place as set forth in paragraph (1) sought to set a passenger car; and (b) assaulted the victim’s face by drawing the victim in a driver’s seat.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, it is recognized that the victim’s written agreement stating that the victim would not wish to punish the defendant on April 12, 2018 after the institution of the prosecution of this case was submitted to this court. Thus, this part of the indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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