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(영문) 인천지방법원 2016.01.14 2015고합444
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

[criminal records] The Defendant was sentenced to two years and six months of imprisonment, and four years of suspended execution on August 21, 2014 by the Incheon District Court for a violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) on April 16, 2014, and the judgment became final and conclusive on August 21, 2014 and is still under suspended execution.

[Criminal facts]

1. Around 02:00 on June 16, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.), 137 on the roads in front of the Incheon Southern-gu Food and Drug Safety Agency for Food and Drug Safety (51) for the victim D (51) on the roads in front of the Korea Food and Drug Safety Agency for Food and Drug Safety (Seoul-gu), when the Defendant was on the hand floor of the victim with his/her face when he/she was under the influence of alcohol without any justifiable reason, and 4-5 on the face face of drinking.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. The Defendant damaged property in front of the seat between the 671 Home Packers, as set out in paragraph 1, on the roads in front of the 671 city, Nam-gu, Incheon, Nam-gu, Incheon., the Defendant damaged the victim D, as set out in paragraph 1, so that the blus spackers, which were installed in the said cab, were collected out of the taxi and could not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and applying Acts and subordinate statutes to investigation reports (Attachment to written judgments on violent incidents by suspect);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13351, Jun. 22, 2015) and Article 366 of the Criminal Act concerning criminal facts and Article 5-10 (1) of the same Act (amended by Act No. 13351, Jun. 22, 2015);

1. Reasons for sentencing [the aggregate of the maximum amounts of the crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 [the aggregate of the maximum amounts of the crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier] of the Act on the Aggravated Punishment, etc. of Concurrent Crimes;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty-seven million won; and

2. The sentencing criteria; and

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