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(영문) 서울서부지방법원 2015.08.13 2014고정2138

폭행등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 27, 2014, at around 01:15, the Defendant, while driving a cab in the vicinity of the Seodaemun-gu Seoul Seogro 24-ro Masan-ro, Seodaemun-gu, Seoul, on the road at the entrance of the Geumcheon-gu, Seoul, for the reason that the Victim F interfered with the course while changing the string line, the Defendant was at sight.

피해자가 이에 대해 항의하고자 피고인의 택시를 뒤따라와 진행을 방해하자 피고인은 택시를 정차시키고 밖으로 나와 피해자의 멱살을 잡아 조르면서 다른 한쪽 손으로 피해자의 머리를 잡아 피해자가 운전하던 쏘렌토 차량으로 밀쳐 부딪히게 하고, 위 쏘렌토 차량의 운전석 문을 발로 3회 정도 걷어찼다.

Accordingly, the defendant assaulted the victim F, and damaged the victim F's property that is equivalent to KRW 727,329 to repair cost on the rocketing vehicles owned by the victim F.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. C’s legal statement;

1. Police suspect interrogation protocol regarding F;

1. The application of Acts and subordinate statutes to a report of investigation, report (in case of violence, photographs of damaged articles), investigation report (in case of violence, photographs);

1. Article 260 (1) and Article 366 of the Criminal Act and the choice of fines for the crime;

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

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

1. Of the facts charged in the instant case, the gist of assault in the part dismissing the prosecution of Article 334(1) of the Criminal Procedure Act regarding the dismissal of prosecution of the provisional payment order is as follows: around 01:15 on June 27, 2014, the Defendant asserted that the Defendant was F and Silf on the entrance of the Geumcheon-ro 24-ro, Seodaemun-gu, Seoul at the entrance of the Geumcheon-gu, Seoul, and the Defendant used F and Silf for the same background as the facts charged in the facts charged. AF female-child-child-child-child-child-child-child-child-child-child-child-child (hereinafter referred to as the “F

This is a crime falling under Article 260(1) of the Criminal Code, which is in accordance with Article 260(3) of the Criminal Code.