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(영문) 서울중앙지방법원 2016.03.08 2015고정4820
재물은닉등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a non-employed person, and the victim B (45) is a person who operates a private taxi (C) and the defendant is a guest who gets aboard the victim's taxi.

1. While under the influence of alcohol, the Defendant: (a) took a taxi in front of the D Hospital located in Gwanak-gu in Seoul Special Metropolitan City and went back to the “F building” located in the same Gu E located in the same Gu; (b) on September 17, 2015, the Defendant: (c) arrived at the front of the “F building located in Gwanak-gu in Seoul Special Metropolitan City E; (d) but did not exceed KRW 1,800 of the shortage of taxi fares; (b) went off from a taxi and left the taxi, and (c) 10 meters away from the taxi, the Defendant tried to open a door to the front of the D Hospital located in Gwanak-gu in Seoul Special Metropolitan City; and (d) the victim was unable to use the victim’s key, such as the victim’s entrance, the entrance, key, and the 2nd of the office, etc. connected to the key to the f building located in the f building in Seoul Special Metropolitan City E.

2. The Defendant, as stated in the above “1”, committed an assault against the victim’s left part part of his/her key, when intending to cut back the key of the victim’s vehicle, and committed an assault against the victim’s hand over his/her hand with his/her hand among the disputes, as to the location of the key in which the Defendant laid down in his/her possession, and caused the assault against the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to report the occurrence of loss;

1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 366 of the Criminal Act, and the selection of each fine for a crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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