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(영문) 서울중앙지방법원 2017.10.11 2017고정1599
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around November 17, 2016, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Assault, etc. of Drivers) committed assault against the victim F, who drives a DNA K3 vehicle on the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul, on the ground that he/she rapidly changed the vehicle from the vehicle to the front of the vehicle he/she drives, while driving the DK3 vehicle on the front road of Gangnam-gu Seoul, ( South, age 26) assaulted the victim who is under way when he/she collects his/her arms from the vehicle to the vehicle of the victim waiting for the signal rapid change of the vehicle.

2. The Defendant assaulted the victim, as set forth in paragraph 1, and tried the victim to have his face taken off from the vehicle twice, and requested the victim to take off from the vehicle after getting on the vehicle after getting on the vehicle after getting on the vehicle, the Defendant assaulted the victim by taking the victim's face taken by hand through the driver's seat window.

Summary of Evidence

1. Legal statement of witness F;

1. A statement made by the police against F, and a protocol concerning the interrogation of the police;

1. Investigation report (verification of vehicle booms images), application of the video CD-related Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment of Specific Crimes (the point of assault and fine for drivers), and Article 260 (1) of the Criminal Act (the point of assault and the choice of fine) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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