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(영문) 서울서부지방법원 2019.10.24 2019고단2894
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 30, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) was on board the C cab driven by the victim B (the age 64) prior to the Seongbuk-gu Maam Police Station, Seongbuk-gu, Seoul, Seoul, which is a destination, and went to the Yongsan-gu, Yongsan-gu, Seoul, which is a destination. On the other hand, the Defendant was going to walk the arms without any reason under the influence of alcohol in the taxi, and the Defendant saw the victim as a drinking, and the victim “I am to go to the inside, I am to the knish, I am to the knish, I am to the knish, I am to the knish, and I am to the knisher.”

Accordingly, the defendant threatened the driver of a vehicle in operation.

2. On April 30, 2019, from around 23:00 to around 23:25 of the same day, the Defendant: (a) performed an act of disturbance while under the influence of alcohol at a government office, while drunking the bitch bitch bitch bitch, which cannot be seen as crocf, bitch bitch bitch bitch bitch bitch, which cannot be seen as crocf, and poph bith, which would be poppy; and (b) performed an act of disturbance.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. B written statements;

1. Application of Acts and subordinate statutes to control reports, reports on the statement of the main records, reports on internal investigation or investigation reports (verification of documentary evidence, confirmation of black stay images, and hearing of victim telephone statements);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Options of Imprisonment): Article 3 (3) 1 of the Punishment of Minor Offenses Act (Selection of Fine)

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. The fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is a crime under the state of somewhat decline, that is, agreement with the victim, and that support the elderly, which is dementia (current, is being hospitalized in the Medical Care Center).

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