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(영문) 서울서부지방법원 2020.09.16 2020고정650
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. Around 05:00 on February 14, 2020, the Defendant: (a) expressed that the proxy driver who is operating a ecoo vehicle in Mapo-gu Seoul Metropolitan Government (hereinafter “Aggravated Punishment, etc. of Specific Crimes” (hereinafter “Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) expressed that the victim D (Nam, 47 years of age) was able to engage in weather, driving, etc.; and (b) expressed the victim’s right shoulder one time

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

2. The Defendant assaulted the victim’s face when she took the time and place mentioned in paragraph 1, while giving and taking a mutual bath with the victim, by leaving the victim in the vehicle at the time and place.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the defendant in the police interrogation protocol of the defendant;

1. Some statements of E in the police interrogation protocol of the police officer regarding E;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation of a police statement prepared in D (to the voice materials submitted by the victim, video materials of the cell phone submitted by the victim, and matters concerning hearing of the counter statement of the police officer dispatched);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 230 (1) of the Criminal Act, and Article 230 (1) of the Criminal Act, the selection of each fine for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination as to the assertion of the defendant and defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act to bear litigation costs

1. The Defendant, at the time of the instant case, was seated on the rear edge of the vehicle driven by the victim. However, the Defendant, who was seated on the rear edge of the vehicle driven by the victim, was down on the left edge of the vehicle driven by the victim, and then the Defendant’s left edge was up to the victim.

However, it did not contact the victim's body.

Even after the vehicle stops, the defendant was down to the ground floor of the vehicle, and only he/she was seated with the victim, and there is no sign of the victim's face.

2. Determination.

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