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(영문) 서울북부지방법원 2014.10.14 2014고정1195
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 16, 2014, at around 02:40, the Defendant 26-gil-ro, Jung-gu, Seoul, a network-based 16-way, left on the street (before the direction of offset operation, the direction of network-based). On the street, the Defendant saw that the Defendant was different from the Defendant’s photograph of driver’s qualification certificate on the front side of the taxi while getting in D-si operated by the former victim C (ma, 46 years old) and going to the air hill-dong, a destination.

Therefore, there is no substantial disadvantage in the defendant's exercise of his/her right to defense by making his/her body toward the police station, and the part of the charge "muffs the victim" in the charge is acknowledged as follows in accordance with evidence, such as witness C's statement in court.

The driver gets the driver's knife with the victim's hand.

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

Summary of Evidence

1. C’s legal statement;

1. Application of the law to include some statements in the police interrogation protocol against the defendant

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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