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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 15, 2018, at around 02:10, the Defendant: (a) was at issue to stop a taxi driven by the Defendant in front of the taxi in the order of front of the victim D (59 years of age) who waits for customers pursuant to the order of front of the road located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; and (b) committed assault against the victim, such as breaking the victim’s neck with the victim’s hand on the ground that he was in dispute with the victim while taking a desire for each other, and then pushing the victim’s neck with the victim’s left hand.
Summary of Evidence
1. Partial statement of the defendant;
1. Written statements of D;
1. An investigation report (No. 12) [Attachment 12] of Article 260 of the Criminal Act refers to the exercise of unlawful tangible force against a person's body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of pain inflicted on the victim, etc. (see Supreme Court Decision 2009Do6800, Sept. 24, 2009). According to the evidence duly adopted and duly examined by the court, the defendant was in dispute with the victim due to the order of the victim's atmosphere and taxi atmosphere, and even if the victim's act constitutes insult, it is not permitted to remove the victim's body by force. This constitutes the exercise of a tangible force against the victim's body.] The application of the law to the law.
1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, recognizes the facts of the instant crime itself.
The defendant has been sentenced to a fine and five times only.
In addition, the defendant's age, character and conduct, environment, relationship with the victim, background leading to the crime, circumstances after the crime, etc., and all the conditions of the arguments of this case and the sentencing specified in the records shall be determined as ordered.