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(영문) 창원지방법원 2018.10.31 2018고정522
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, who was under medical treatment, such as recognition disorders and scartic mental disorders due to brain damage, was on June 28, 2018, on the frontway of the window of Changwon-si, Changwon-si on June 28, 2018, arrived at the destination of the victim D ( South, 46 years old), but was under dispute with the victim due to the lack of taxi, while the Defendant was going to go to the near name district of the victim for resolution, the Defendant would pay the victim a taxi fee in his house as the card.

However, the victim refused to do so, and assaulted the victim's chest part of the victim's chest on the left part of the elbow on the ground of the victim's refusal.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (Insignificant violence, the punishment of victims, the influence of victims, the mental and medical treatment, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 44-2 of the Act on the Medical Treatment, Care, Custody, etc., to observe the protection and order for medical treatment;

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