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(영문) 서울중앙지방법원 2016.07.21 2016고합370
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around March 30, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed assault to the victim, on the ground that he/she was on board the front line of the taxi operated by the victim C (60 years old) in the Songpa-gu Seoul Metropolitan area and passed the Olympic road near the distribution bridge in Seocho-gu Seoul, Seocho-gu, Seoul, while taking influence of alcohol, he/she sustained injury by the victim during the course of assaulting the victim's right face face of the victim who driven the said taxi without any particular reason.

2. On March 30, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 23:15, 2016, the Seoul Dongjak-gu Police Station located in Nowon-gu, Seoul, Seoul, 148, and (b) under the influence of alcohol, filed a disturbance, such as raising complaints on the arrest of flagrant offenders for the same reason as Paragraph (1). While under the influence of alcohol, the Defendant duplicating the disturbance, and duplicating off the urine at the punishment department and office of the said police station.

Accordingly, the defendant, while under the influence of alcohol, led to a very rough speech and behavior in a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. A written diagnosis of injury;

1. Blue records and video CDs;

1. Application of Acts and subordinate statutes to each investigation report (the No. 4,5,7 of the evidence list);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a driver's injury) concerning the crime, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of column for revocation of the official document, and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act [Article 53 and Article 55(1)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (with respect to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, taking the following sentencing into consideration favorable circumstances

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

1. Grounds for sentencing under Articles 62(1) and 62(2) of the Criminal Act (the following sentencing has been repeated for a favorable reason)

1. Legal provisions;

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