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(영문) 의정부지방법원 2014.07.31 2014고정821
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. 특정범죄가중처벌등에관한법률위반(운전자폭행등) 피고인은 2013. 11. 5. 22:30경 구리시 수택동에 있는 돌다리사거리 인근에서부터 같은 시 인창동에 있는 원일가대라곡아파트를 향하여 진행하는 피해자 B(44세) 운전의 C 택시 내에서, 술에 취해 피해자에게 “야이 새끼야. 너 나랑 싸워서 이길 수 있냐.”라는 등으로 욕설을 하며 왼발로 피해자의 오른쪽 어깨를 수회 걷어찼다.

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

2. The Defendant caused property damage at the above time and place, as seen above, destroyed the card terminals owned by the victim B, which were installed between the driver’s seat in the taxi and the chief of the steering boat in the taxi, by throwing off the card terminals owned by the victim B in hand, so that the repair cost equivalent to KRW 500,000 is reached.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B;

1. Each entry in taxi photographs, photographs destroying card terminals, written estimates, and application of video-related Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning the relevant criminal facts and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the punishment is selected (the

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum amount of two crimes above the punishment determined for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, to the concurrent crimes);

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

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

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