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(영문) 서울서부지방법원 2018.01.31 2017고정1128

폭행

Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 25, 2017, around 04:10, the Defendant set a taxi operated by the Defendant on the front day of Yongsan-gu Seoul Special Metropolitan City, Yongsan-gu 196 "119 Safety Center". On the ground that the victim C (57 tax) who is another taxi driver demanded the movement of the Defendant taxi and the booming of the city cost, the Defendant assaulted the victim on one occasion at the time of drinking the chest.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of statutes on field CCTV data;

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act concerning the facts of crime, the selection of fines, and the selection of fines;

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant and his defense counsel asserted that the defendant, while occupying the road on the road and running the taxi business, temporarily stopped the defendant in order to wait for the customer's reservation, and the defendant taken them on the cell phone, and the defendant took them on the cell phone, and the victim did not use the defendant's cell phone so that he did not take them away from the defendant's cell phone and did not assault the victim, and the defendant's act constitutes legitimate defense or legitimate act.

However, according to the above evidence, it is difficult to view the defendant's act as a legitimate defense or a legitimate act in light of the contents of the defendant's act and the situation at the time of the crime, as well as the fact that the defendant committed violence against the

We cannot accept the above assertion.