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(영문) 서울중앙지방법원 2019.08.14 2019고정165
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 13, 2018, the Defendant: (a) around 21:30 on the front of the “C” road located in Gangnam-gu Seoul, Seoul; (b) on his ENS car driven by the victim D (the 52-year age), a proxy engineer, boarded the oil to the victim; (c) however, during his match, the Defendant confirmed the victim’s telephone from the cell phone during his match, and was assaulted at one time against the victim’s her son.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement made to D by the police;

1. On-site photographs, assault signs, and voice file CDs [the following circumstances recognized by the aforementioned evidence, namely, the victim consistently stated the criminal facts indicated by the defendant during driving from an investigative agency to this court on the main points of the crime in the judgment to the effect that he/she would have diminished with her eye while driving from the defendant, and the police officer F, who was dispatched to the site after receiving a report from the borrower, was assaulted by the defendant at the time of this court, stated to the effect that he/she was sent to the victim after being informed of the victim from the defendant's wife at the time of the occurrence of the violence. The defendant and the defense counsel asserted that the victim exceeded his/her own eye while driving on behalf of the defendant and the defense counsel exceeded the driver's seat, and there is no reasonable ground to view that the victim exceeded the police officer's own awareness of his/her own, and there is no reason to apply the law to the police officer's request for violence.]

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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