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(영문) 서울북부지방법원 2017.04.27 2017고정301
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. Around 01:00 on November 17, 2016, the Defendant used the victim’s cab to drive the victim C (51 years of age) at the Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul and used for destination. On November 17, 2016, in front of the E hospital located in Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, the Defendant assaulted the victim who is driving a motor vehicle, such as flicking the vehicle with the driver’s car and flicking the driver’s car.

2. On November 17, 2016, around 01:15, the Defendant damaged public goods, at the front of the Public Security Center in the south of the Seoul East-gu Police Station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, Seoul, the Defendant left the Defendant to the Public Security Center and parked at the taxi, leaving the Defendant to the Public Security Center, and caused damage to the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of CCTV video-related Acts and subordinate statutes to the Public Security Center;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers), Article 141 (1) of the Criminal Act (the point of harm to goods for public use), and selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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