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(영문) 서울서부지방법원 2020.10.06 2020고단2145

폭행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2019, the Defendant refused to use the taxi card for the payment of taxi expenses from the victim D (W, 39 years of age) and the victim E (n, 70 years of age) while driving the taxi in front of Eunpyeong-gu Seoul at the end of Eunpyeong-gu Seoul on November 14:05, and demanded cash settlement. On the other hand, the Defendant: (a) the victim D attempted to affix the taxi number plate on a mobile phone; (b) the victim D was pushed down with the victim D’s shoulder by hand; (c) the victim E was frighted to the victim E, and (d) the victim E was pushed down with the chest of the victim E.

Accordingly, the defendant assaulted victims.

Summary of Evidence

Part of Defendant’s Court Statement

1. The legal statement of witness D and E;

1. Each police statement made to D and E;

1. Investigation report (verification of suspect taxi stuffs images);

1. A photograph of a suspect boxe image to capsize;

1. Application of the Act and subordinate statutes to report on investigation (verification of Suspected Films);

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two months to one year (the upper limit of crimes No. 2) for two months;

3. Determination of sentence: 4 months of imprisonment, the degree of assault of this case for one year of suspended sentence, the fact that the defendant was punished as an act of violence, and the age, character and conduct, environment, motive, means and consequence of the crime;