(영문) 서울서부지방법원 2012.10.31 2012고정602

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(영문) 서울서부지방법원 2012.10.31 2012고정602

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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

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

Reasons

Punishment of the crime

On July 25, 2011, the Defendant: (a) on the street in front of Yongsan-gu Seoul Metropolitan Government on July 21:25, 201, on the back seat of the E-business taxi driven by D (the age of 56) (the victim), and (b) took a bath to the victim for the reason that it goes back to the middle seat of the E-business taxi operated by D (the age of 56) and go to the day of destination, and used the victim at one time at a distance from the Do to the destination.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Application of Acts and subordinate statutes on witness D's legal statement;

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

1. As to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Code of the Labor Station Detention at the Sea Station, the defendant argued that he resisted to the defendant who intends to operate on a way other than his direction, and that he did not assault the victim. Thus, at the time, the defendant was under the influence of alcohol and tried to take a part of the victim's taxi in the vicinity of the mountain station and go back to the mountain direction. Considering that the victim was forced to go back to the right side of the Ministry of National Defense, rather than the right side of the Ministry of National Defense, there is a possibility that the victim's witness D's statement, which is the victim's witness, tried to go back to the right side of the Ministry of National Defense, and the victim stopped the vehicle immediately after the time, and the defendant stopped the vehicle without paying the fee, and therefore, the investigation agency and the victim consistently committed violence in the court before and after the time, and it is acknowledged that there is no need to establish a crime of bodily harm due to a person's exercise of force.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제69조 제2항

-형법 제70조

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