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(영문) 서울중앙지방법원 2014.03.27 2013고단7227
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) appears to have been 21:30 on October 21, 2013, while the charge was committed by the Defendant around 21:15 on the charge, it seems clear that: (a) 21:30 on the screen of video suspension (Evidence 5) and on the file (Evidence 201310Do212356No. 212356-P4 (Evidence 6 CDs of evidence list) are in line with the content of the video suspension screen; (b) the Defendant expressed the victim’s desire to confirm the destination while getting aboard the D taxi in Seocho-gu Seoul Metropolitan Government, which is driven by the victim C(46 years of age).

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. The Defendant received the victim’s head part of the victim’s head, claiming the fee in front of the discharge middle school in Seocho-gu Seoul, Seocho-gu, Seoul at the same time.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. C’s statement;

1. The image in which the suspect takes the part of the victim due to his/her head;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs submitted by the victim;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing Article 57 of the Criminal Act, including the number of days of pre-trial detention, was the record that the defendant was punished as a driver assault around 2009, and in addition, even if there were several records of punishment as an act of violence, it cannot be deemed that the crime of this case is good in terms of the crime of this case. However, it seems that the victim's taxi engineer, who is the victim, is bypass without having a destination, thereby leading to the crime of this case. The degree of assault is minor and the defendant is the defendant.

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