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(영문) 서울남부지방법원 2015.09.22 2015고단2619
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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

On June 16, 2015, around 02:15, the Defendant: (a) had the victim E (the 56-year-old age), an agent, drive the Defendant F car in front of the D'D' restaurant located in Guro-gu Seoul Metropolitan Government; (b) the Defendant was on board the head of the Choyang-si, the destination of which is the port of destination, and was moving to the Pungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu. On the same day, the Defendant directed the victim at one time, who was asked “if the victim sees Ye-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si,” and the victim’s face was called

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Dispatching a report on the site of the case, reporting of investigation (related to the victim's body photographor), application of statutes to photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13351, Jun. 22, 2015) concerning the crime

1. Selection of an alternative fine for punishment (a normal consideration in favor of the followings):

1. The risk of the act of assaulting a proxy engineer on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act is high, and the defendant has been punished several times as violent crimes. In particular, despite the fact that the defendant had been sentenced to suspended execution or fine twice as a crime of the same kind of driver assault, the punishment of the crime in this case is not somewhat weak in that he repeats the crime in this case.

However, the crime of this case seems to have been reduced by contingency under the influence of alcohol, and it appears that the mental illness, such as depression, stimulative disorder, and proof of alcohol suffering by the defendant, which affected the partial crime, appears to have been affected by the investigation agency, the fact that the investigation agency has repaid the victim with the damage and agreed smoothly, and that the confession of the crime and seriously reflect.

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