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(영문) 춘천지방법원 강릉지원 2014.03.25 2014고정35
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On November 18, 2013, the Defendant: (a) boarded the E-si operated by the victim D (year 66) in front of the “C,” which was under the influence of alcohol in Gangnam-si B on November 18, 2013; and (b) took a bath to the victim without calling the victim’s accurate destination; (c) around 17:10 of the same day, the Defendant used the victim, a driver of the vehicle operating on one occasion at the back of the 2nd apartment complex located behind the Gangseo-si, Gangnam-si; and (d) assaulted the victim, a driver of the vehicle operating on one occasion at the back of the 17:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Act on On-Site Blue Images and Image Images

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

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant who is obliged to support the elderly and his/her child with the reason of sentencing under Article 334(1) does not have good economic conditions and is unable to receive proper treatment of the sick and wounded. The method and result of the instant crime is determined by comprehensively taking into account all the factors of sentencing, including the circumstances after the instant crime, the defendant’s age, character and conduct

It is so decided as per Disposition for the above reasons.

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