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(영문) 서울북부지방법원 2020.05.20 2020고단387
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

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 and B are taxi passengers, while the victim C(55 years of age) is a business taxi driver.

On January 7, 2020: (a) around 02:10, the Defendant took the back seat of D-business taxi operated by the victim with B from the Dongdaemun-gu Seoul Dongdaemun-gu Spanish distance, and was going to the close seat of Seongbuk-gu, a destination via the Seongbuk-gu Hamam-dong, Seongbuk-gu, through the Seongbuk-gu Hamamam-dong, and was trying to confirm accurate destinations on the street of 114 Korea University, taking into account the Seongbuk-gu, the Defendant took a bath, such as “ging off,” and “open,” and her hand took two times the part of the victim’s driver’s seat.

Accordingly, the Defendant assaulted a driver operating a vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police statement against C;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to Bluebbbbs and video CDs);

1. Article 5-10 (1) of the Act on the Aggravated 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. The fact that the sentence of provisional payment order under Article 334(1) of the Criminal Procedure Act is prior to the suspended sentence of imprisonment for the same kind of reason for sentencing, and that no agreement has been reached is disadvantageous.

However, it is advantageous to the fact that a crime has occurred during a stop which is not a vehicle driving, that an assault has been committed against the body, but it has not been directly contacted, so the degree is minor, and that the defendant seems to be against the defendant, etc.

In the above circumstances, the defendant's age, character and conduct, circumstances of crimes, etc. shall be comprehensively taken into account, and the punishment shall be determined as ordered.

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