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(영문) 의정부지방법원 고양지원 2013.10.17 2013고정1391
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 16, 2013, the Defendant: (a) around 20:00, the Defendant: (b) carried the victim’s face on a D taxi operated by the victim C as a customer to the D taxi operated by the victim C in Yongsan-gu, Yongsan-gu; and (c) carried the victim’s face in front of the F on the Do, within the Do, “Plap Seoul taxi site and width drinking”; (d) carried the victim’s face in front of the F on the Do, and (e) carried the qui that the Defendant would remove the face in his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and G;

1. Application of Acts and subordinate statutes to a report on investigation (a confirmation of vehicle booms and images);

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

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was in a state of mental disorder or mental disorder by drinking alcohol at the time of committing the instant crime. Thus, according to the police interrogation protocol against the Defendant, although the Defendant was deemed to have drinking alcohol at the time of committing the instant crime, the Defendant did not have the ability to discern things or make decisions.

Since it cannot be seen as having reached a state or weak, the above assertion is rejected.

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