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(영문) 의정부지방법원 고양지원 2013.03.27 2012고단1732
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

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

Reasons

Punishment of the crime

At around 00:30 on November 19, 2012, the Defendant: (a) was boarding the C-si head of the A-si located in the A-si located in B-ri-ri-ri-ri-ri-si, and was going to the C-si head of the B-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri, the destination of which was located; (b) the Defendant asked the victim whether he was suffering from a physical disease; (c) however, the Defendant asked the victim that “it is not a bar but a stop; (d) the victim’s right arms are cut back and plucked; and (e) the victim was sucked by a brea-ri-ri-ri-do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-king

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The act of assaulting the driver of a motor vehicle in operation of Article 334(1) of the Criminal Procedure Act (the reason for the provisional payment order) is subject to aggravated punishment as compared to ordinary assault due to its danger. In full view of the sentencing conditions against the defendant, including the fact that the defendant is divided in depth, that the defendant is agreed with the victim, and that there is no special criminal power, etc., the sentence against the defendant was determined as ordered.

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