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(영문) 서울북부지방법원 2018.11.08 2018고정1199
폭행등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around May 8, 2018, the Defendant used the victim’s face at one time as the victim seems to have come to know his/her destination while moving to Dongdaemun-gu F, the purpose of which is the E-si driving of the victim D (39 years old) to E-si customers in front of Dongdaemun-gu Seoul Metropolitan Government, on May 8, 2018, the Defendant used the victim’s face at one time, and the victim installed the taxi and reported it to the 112 report it to the 112, and the victim was seated outside the bridge on his/her hand and by shut down the head door of the victim’s bridge with his/her hand, and assaulted the victim, by taking one hand, the victim’s right bridge at one time.

The defendant continued to assault the victim as above and followed the victim's face while the victim was driving away from his/her destination, he/she saw the victim as his/her driver, and she was faced with the victim's face.

Accordingly, the Defendant assaulted the victim as above.

2. The Defendant damaged the property of another person by having the victim’s E-si close or walked his hand at a time, at the same time, at a place, as described in paragraph 1, the Defendant destroyed the property of another person by getting the victim’s E-si’s cab to suffer defects in the repair cost.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Legal statement of the witness D;

1. Report on investigation (Investigation of Bacs) and report on investigation (Confirmation of Bacs);

1. Application of the Acts and subordinate statutes on the photograph of a black stuff image and the photograph of damaged vehicles;

1. Relevant Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) and the selection of fines 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. Article 70(1) and Article 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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