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(영문) 서울북부지방법원 2019.10.25 2019고단3536
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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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

On July 28, 2019, at around 07:42, the Defendant committed assault, such as, within C-si operated by the victim B (58 years of age) who stopped at the edge of the 73-road (58 years of age) in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, the Defendant: (a) asked the accurate destination to the victim; (b) took the victim’s bath; (c) cutting down the victim’s candles with his left hand; and (d) turning the s

Accordingly, the Defendant assaulted the driver of the victim in operation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (verification of video images of taxi boxes), video CDs;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Relevant Article 5-10 (1) 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 for the Crime, the choice of fines (the fact that recognition and reflect appears, the victim and the victim do not want the punishment of the defendant, and the fact that the degree of assault is relatively minor and additional damage has not occurred).

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. On July 28, 2019, at around 07:42, the Defendant assaulted the victim B on the 73-road in Seongbuk-gu Seoul Seomunro, Seongbuk-gu, Seoul, by following the victim and using knenee in a single and a single hand when the victim’s left shoulder part is over one time.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

C. After the prosecution of this case, a written agreement that contains the victim's intent not to punish the defendant is submitted.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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