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(영문) 서울남부지방법원 2016.04.26 2016고단887
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

[Criminal record] On February 1, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, and completed the execution of the sentence on July 25, 2014.

[Criminal facts]

1. Around 19:40 on February 9, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) was driving the victim B (30 tax) in the vicinity of the Yeongdeungpo-gu Seoul Metropolitan Government, etc., and passed through the intersection of the Seongbuk-gu Intersection 1, Seongdong-gu, Seoul, Sungdong-gu, on the top of the victim B (30 tax) in the vicinity of the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, the Defendant expressed the victim’s face twice by drinking while drinking the victim without any reason.

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

2. The Defendant damaged the property at the same time and place, such as that the Defendant 1 blus earphones with 50,000 won at the market price where the victim was walking on the part of the Defendant, by hand, cut down the blus earphone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement and written statement concerning B by the police;

1. Application of receipts, photographs, and statutes;

1. Relevant legal provisions concerning criminal facts;

(a) A driver's assault: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) Point of damage to property: Article 366 of the Criminal Act;

1. Selection of each alternative fine for punishment (the following circumstances shall be considered):

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (the scope of recommended punishment in accordance with the sentencing guidelines) of the Criminal Act, which is not subject to the sentencing guidelines. [Determination of sentence] The crime of this case is likely to obstruct the traffic safety and order of the public by exercising violence by the defendant, who is a taxi engineer, such as assaulting a taxi engineer, destroying property, etc.

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