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(영문) 의정부지방법원 2014.10.16 2014고정1801
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a soldier belonging to the two U.S. army.

On July 5, 2014, at around 19:35, the Defendant 19:35, was boarding the back seat of the D Do taxi operated by the victim C (58 years of age) in the Dong-si, Yancheon-si, Yancheon-si, Gyeonggi-do, the destination of which was moved to the Yancheon-si Campp, Gyeonggi-do, which is a destination, and when the victim 19 years of age was her hand at the vicinity of the 19 public playground, without any justifiable reason.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 5-10 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Punishment of Specific Crimes;

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

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

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. All the circumstances revealed in the record, including the fact that the defendant for sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order acknowledged the crime of this case and reflects his mistake, the defendant did not have any previous conviction in Korea, and the victim did not want punishment against the defendant by agreement with the victim.

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