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(영문) 서울동부지방법원 2014.11.28 2014고정711
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

1. Around 07:00 on February 18, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes, etc.) was driving in the back-side of Drocketing taxi operated by the victim C (the age of 61) on the roads adjacent to the Cheongyang-dong, Dongdaemun-gu, Seoul Metropolitan Government, leading to the 306 front of the 1340 main apartment house as the village of Gangdong-gu, Gangdong-gu, Seoul at around 07:42 on the same day. On the other hand, the Defendant, while driving a taxi at about 5 km per hour at the speed of the 5 km, abused the victim’s face at one time without any particular reason.

2. The Defendant assaulted the victim by taking the face of the victim demanding the payment of the taxi fee in his/her hand at the time and place set forth in the preceding paragraph of the assault.

Summary of Evidence

1. Partial statement of the defendant (the second court date);

1. C’s legal statement;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of a victim's counter taxi stuff);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of violence against the driver of a motor vehicle in operation), Article 260 (1) of the Criminal Act, and selection of fines for 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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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