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(영문) 서울북부지방법원 2021.01.25 2020고정1440
특수폭행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 8, 2020 15:05, the Defendant driven a B B B B B B taxi and turned down three-lane roads in the direction of Nowon-gu Seoul, Nowon-gu, Seoul, into one lane in the direction of Nowon-gu, Seoul, Nowon-gu, Seoul, the Defendant was straighted in the same direction as that of the station in front of the Seoul Nowon-gu Police Station.

C When intending to stick in the future for the low typ car, the low typized car was not fluent in order to put the light behind the car.

Therefore, the defendant, after about 1km away from the damaged vehicle, carried the damaged vehicle into the right side by using a motor vehicle, which is a dangerous object in front of the private sports center in Nowon-gu, in order to drive away from about 1km, caused the defendant's right side side of the damaged vehicle, and caused the collision of the front wheels, even and fences, and the front wheel, causing violence to the victim D (48 years old), and at the same time, damaged the victim's low-speed car in excess of 2,861,60 won in repair estimate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement;

1. A. The application of the statute to report internal investigation of a copy of a written estimate of photograph on the part of contact with the damaged vehicle (as to the black stuff image and recording)

1. Articles 261, 260(1) (a) and 369(1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Although an ordinary concurrent prosecutor indicted a crime of special assault and damage to a special property as a substantive concurrent crime, this act satisfies the requirements for the composition of a separate crime due to one act, the ordinary concurrent crime is an ordinary concurrent crime.

Inasmuch as it does not seem that the punishment of each of the above crimes as an ordinary concurrent crimes would result in a substantial disadvantage to the defendant's exercise of his right of defense, the court may punish the crimes which have been prosecuted as a substantive concurrent crimes without any changes in the indictment as an ordinary concurrent crime (see Supreme Court Decision 80Do236, Dec. 9, 1980). Thus, each of the above crimes is ordinary concurrent crimes.

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