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(영문) 서울동부지방법원 2013.06.18 2013고정981
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 17, 2012, at around 01:55, the Defendant assaulted the driver of a motor vehicle in operation, such as: (a) the victim was on board the back seat of the Dststetna taxi operated by the victim C (the age of 38) in the direction of the north group in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City (hereinafter referred to as the "Seoul Special Metropolitan City") on the back seat of the Dstetna taxi; (b) the victim was boomed from the back seat to the front seat; and (c) the Hand of the taxi in progress beyond the front seat; and (d) the victim was able to take the pedal of the taxi driver's seat by inserting the bridge with the victim's bridge.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Specific Crimes;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The Defendant, etc. asserted as to the assertion of the Defendant and his defense counsel under Article 59(1) of the Criminal Act (the fact that the Defendant was unable to punish the victim) at the time of the instant crime. However, in light of the circumstances before and after the instant crime, circumstances leading to the instant crime, Defendant’s behavior, etc. acknowledged by the evidence, the Defendant did not have the ability to discern things or make decisions at the time of the instant crime.

Since it seems that it does not seem to have reached a state or weak, the above assertion is rejected.

It is so decided as per Disposition for the above reasons.

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