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(영문) 서울중앙지방법원 2012.07.17 2011고정7703
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant

A shall be punished by fine for negligence of KRW 2,000,00, and by fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The Defendants violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.), together with the Defendants: (a) around 19:00 on Oct. 25, 201 after drinking alcohol to a F personal taxi operated by the victim E in the vicinity of the Gangnam-gu Seoul Gangnam-gu D Service; and (b) rancing the said taxi on the ground that the first sentence of the said taxi was not opened; (c) the said taxi was defective in maintenance; and (d) the victims took a bath to the Defendants while taking a bath to the Defendants; and (d) the Defendants, when the said taxi was operated in front of the Korean bank located in 823, Gangnam-gu, Seoul; and (e) assaulted the victims, the driver of the said taxi, who is the driver of the vehicle, when driving the 2 to 3 times each of them.

2. The Defendants in violation of the Punishment of Violences, etc. Act (joint injury) assaulted the victim E at the time and time set forth in the above paragraph (1), and the victim is proceeding in front of the Korean bank, Gangnam-gu, Seoul.

위 택시를 세우고 하차하였고, 이에 피고인들도 피해자를 따라 하차하여 피고인 A은 손으로 피해자의 멱살을 잡아 흔들며 주먹으로 피해자의 배와 옆구리 부위를 수회 때리고, 피해자의 얼굴을 머리로 들이받아 피해자를 바닥에 넘어뜨리고, 피고인 B은 주먹과 팔꿈치로 피해자의 배와 옆구리 부위를 수회 때리고, 발로 피해자의 가슴 부위를 1회 찼다.

As a result, the defendants jointly put the victim into a 10-day trend that requires the victim's treatment.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of witness E;

1. Results of the verification of taxi booms and video CDs in this Court;

1. Damage photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 2 (2) of the Punishment of Violences, etc. Act shall apply to the Defendants of the relevant criminal facts and the choice of punishment.

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