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(영문) 서울북부지방법원 2016.10.13 2016고단2696
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 18, 2016, around 18:23, 2016, the Defendant: (a) taken a taxi driven by the victim F (59 years of age) on the front of the taxi located in Gangnam-gu Seoul, Gangnam-gu; (b) taken the taxi in the taxi; (c) taken a cigarette in the taxi; (d) obstructed the victim by smoking; and (e) obstructed the victim by sleeping the victim’s right buck.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on internal photographs of vehicles;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed the instant crime during the period of probation due to the instant crime, considering the degree of the instant crime and the fact that the Defendant does not want the Defendant’s punishment by agreement with the victim, it is not appropriate to lose the validity of the suspended sentence, and thus, the Defendant shall be punished by a fine.

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