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(영문) 서울남부지방법원 2014.02.13 2013고단4066

폭행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On November 8, 2013, at around 00:45, the Defendant: (a) committed violence against the victim B; (b) was on the Guro-gu Seoul Road; (c) was on the back seat of the taxi operated by the victim B; and (d) arrived at the destination; and (c) refused to pay the taxi fee without any particular reason; (d) when the victim’s face is taken by drinking while refusing to pay the fee; (e) when the victim was removed from the awareness machine of T-MONE in the taxi; and (e) when the victim escaped from the taxi, the Defendant destroyed the victim’s face by drinking and hand; and (e) when the victim escaped from the taxi, the Defendant destroyed the victim’s inner diameter by destroying the victim’s inner diameter.

Accordingly, the defendant assaulted the victim, and damaged the victim's awareness of the city's 180,000 won and the city's TRONE card recognition machine.

2. The Defendant assaulted the victim D with the above assaulted the victim D, on the ground that the victim D told the Defendant, assaulted the victim D’s her part, such as the victim’s neck, etc., in drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and B

1. Article 260 (1) and Article 366 of the Criminal Act applicable to the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed a crime of assault by a like taxi driver even though he/she had the record of punishment, and committed a crime again for a period of one year thereafter, and thus, he/she should be held liable with strict liability because he/she has not made efforts to recover damage. However, the Defendant is subject to suspended sentence only once taking into account the fact that he/she committed a crime, committed a mistake, and committed a relatively minor damage.