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(영문) 전주지방법원 정읍지원 2013.12.11 2013고합52
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The defendant is a foreigner of Chinese nationality in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

around 23:10 on October 14, 2013, the Defendant was on the head of the D-si operated by the victim C (year 57) from the S-Eup S-si S-si S-si S-si.

피고인은 위 택시에 탑승하여 술에 취한 상태에서 별다른 이유 없이 위 택시를 운전하고 있던 피해자에게 욕설을 하는 한편, 피해자의 입술 부위를 핸드폰을 쥔 주먹으로 때려 피해자에게 약 3주간의 치료를 요하는 "상악 좌측 중ㆍ측 절치 등의 상해를 가하였다.

2. The Defendant in violation of the Immigration Control Act did not report the change of his/her place of stay within 14 days, even though he/she had moved his/her place of stay in the Si of Gyeonggi-do, which reported to the place of stay on March 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Relevant photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-10(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury to a driver) on criminal facts and Article 98 Subparag. 2 and Article 36(1) of the Immigration Control Act (the point of failing to report the change of sojourn place) on criminal facts

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [with respect to the crime of “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.)”, the following grounds for sentencing shall be considered]

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

1. Article 62(1) and (2) of the Criminal Act on the suspended execution [see, e.g., Act on the Aggravated Punishment, etc. of Specific Crimes, the following grounds for sentencing]

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. The defense counsel regarding the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act is arguing that under the influence of alcohol at the time of committing the crime as set forth in paragraph (1) of the judgment, the defendant was in a state of mental disorder.

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