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(영문) 대전지방법원 2016.06.23 2016고합52
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

1. Around 23:00 on December 24, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as assault, etc. by a driver), the victim E (58 years) of a private taxi driving on the roads of the Damo-gu, U.S., U.S., on one occasion, when the victim was a victim of the victim who is prone to the Defendant. In order to report the Defendant’s assault, the victim was able to drive the said taxi without the Defendant, while driving the 136 U.S., U.S. police station located in the same culture, led the victim’s face to the opposite district of the 136 U.S. police station located in the same culture, leading the victim’s face to drinking twice.

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

2. On December 24, 2015, the Defendant damaged the property by taking back back the white 100,000 won at the market price established between the driver’s seat and the chief lighting of the above taxi in the above taxi driven by the victim E. on December 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each photograph, black, and video file CDs;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports ( Results of telephone conversations between victims and victims);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against drivers and the choice of fines) and Article 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated Punishment of Specific Crimes [the aggravated punishment shall be limited to the extent that such aggravated punishment is aggregated with the maximum amount of the crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier];

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

1. The defendant and his defense counsel asserted that at the time of committing the instant crime, the defendant and his defense counsel had been in a state of mental and physical weakness by drinking alcohol. Thus, according to the records, the defendant had drinking a considerable amount of alcohol immediately before committing the instant crime.

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