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(영문) 서울남부지방법원 2020.04.22 2020고정526
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 1, 2020, at around 20:15, the Defendant assaulted the driver of a vehicle in operation at 11 times on the Dogcheon-ro, Guro-gu, Seoul, on the ground that the victim B (57 years of age, 57 years of age) who arrived at the front destination of the exit of the 1st Dog-ro, Guro-gu, Seoul, and the 'C' of the victim B (57 years of age, south) driving along the taxi and had a lot of fees.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes to report an investigation (the confirmation of a victim's motion picture image);

1. Article 5-10 (1) of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;

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

1. It is acknowledged that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the fact that the defendant led to the confession of the crime, and the economic situation is not good. However, in full view of all the sentencing conditions including the fact that the crime committed by the driver of a vehicle operating in this case may have a significant impact on the safety of the general public as well as the victim, and the nature of the crime is not easy, and the damage has not been recovered, the amount of the fine for the summary order is determined by taking into account all favorable circumstances for the defendant, and there is no change in circumstances that may otherwise change.

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