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(영문) 광주지방법원 목포지원 2018.09.07 2018고단472
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 18, 2018, around 01:20, the Defendant boarded the victim B (48 Doh) as a passenger in the vicinity of the peace plaza located in the Hapo-dong, Hapo-dong, and took the cab on the same day, at around 01:27, on the ground that the Defendant returned to the destination of the Don-ri located in the Don-ri, Hapo-gun, Hapo-ri, Naman-dong, the Defendant was at least once on the right hand of the victim on the ground that he returned to the destination.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes certifying qualification of taxi drivers;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose a sentence

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the primary offenders of the Defendant, the confession and reflects the instant crime, as well as the overall reasons for sentencing indicated in the record, including the fact that the victim agreed with, set forth in the text of the Criminal Procedure Act.

Dismissal of Prosecution (the point of assault)

1. On February 18, 2018, around 02:00 on February 18, 2018, the Defendant: (a) opened a patrol car at the D District Parking Site in the Military Military Police Station in the Southern-gun, the Military Station; and (b) opened the patrol car at a late time, one time at the right hand of the victim E.

Accordingly, the defendant assaulted the victim.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. On May 21, 2018, after the prosecution of this case, a written agreement that the injured person does not want to be punished against the defendant is submitted.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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