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(영문) 서울중앙지방법원 2017.07.20 2017고단3540
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 03:00 on November 23, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed assault on about 20 occasions at around the victim D ( South, 48 years old) around the C hotel located in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “the victim”) boarding a steering boat on the E-si located in Gangnam-gu, and making the victim a steering boat 6-Ga in the face of Yeongdeungpo-gu, Yeongdeungpo-gu as the parallel line 6-Ga. On the other hand, the Defendant assaulted the victim’s face and the number of rears while driving the said taxi on about 20 occasions, without any reason, when he/she passed the parallel of the G restaurant located in Seocho-gu Seoul, Seocho-gu.

2. The Defendant violated the Punishment of Minor Offenses Act: (a) was arrested and detained as a current offender at H of the Defense Station located in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, for the same reasons as indicated in paragraph (1) of this Article; (b) however, it was determined that it was impossible for the Defendant to investigate into drinking; and (c) the police officers belonging to the Military Police Station determined that it was impossible to investigate into drinking and that the Defendant released the Defendant by handing over the Defendant to his mother, who was the guardian, who was the Defendant, who was the Defendant

Nevertheless, the Defendant did not go home while drinking and repeated to the police officer in charge, and repeated, “I have come to her mother in the past over several years, she would be drinking, drinking, drinking, and drinking, at the police station,” etc., the Defendant continued to go a criminal trial fee to the criminal officer in charge, and continued to go against disturbance for about 30 minutes within the He of the Defense Police Station, which is the government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of this Court’s video CD verification;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written statements of victims;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 3-3 (3) 1 of the Punishment of Minor Offenses Act (Selection of each fine) concerning the crime;

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. The order of provisional payment;

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