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(영문) 대구지방법원 서부지원 2016.11.25 2016고단1297
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 18, 2016, when the defendant lacks the ability or decision-making ability to discern things due to the on-site illness, he was boarding a D taxi operated by the victim C (the age of 67) at the Sung-dong, Nam-gu, Daegu-gu, Daegu-gu, on February 18, 2016, and took a bath to the victim without any justifiable reason while getting into the face of the sexual watch apartment located in the Sung-dong, Seo-gu, the destination of which is the port of destination.

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

Summary of Evidence

1. C’s legal statement;

1. Voluntary report;

1. Application of Acts and subordinate statutes to medical opinions and investigation reports (written opinion on the suspect's name);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Punishment, etc. of Specific Crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Taking into account the fact that the person has a serious degree of symptoms, such as the disorder of accident, such as the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the background of damage, related circumstances, etc. in sentencing, and the disorder of hearing, and the disorder of practical judgment, etc., and that the person is the first offender, etc.

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