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(영문) 서울중앙지방법원 2017.11.30 2017고단6951
폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 17, 2017, on the side of the road in front of Gangnam-gu Seoul, Seoul, around 21:30, the Defendant attempted to get out of the taxi without paying the taxi cost by smoking tobacco in the taxi while the victim C (57 tax) was on board the top of the D taxi operated by the victim C (57). When the victim gets out of the taxi and gets out of the taxi, the victim sawd the victim by plucking, plucking, plucking, plucking, booming, and demanding the victim's clothes and cost of the taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Application of the receipt statute

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and Article 44-2 of the Act on the Medical Care and Custody, etc., is that the Defendant was punished several times for a crime committed in the Republic of Korea since 2013. In particular, since 2017, the Defendant did not pay taxi expenses, etc. while serving in the Republic of Korea, which was sentenced to a fine for four times since 2017, and committed assault against a taxi engineer who spathn due to a problem of taxi, which was punished once again during the period when he was sentenced to a fine for four times,

However, the execution of punishment shall be suspended in consideration of the favorable circumstances such as the fact that the defendant repents the defendant's wrong, the degree of used violence, and the suspended sentence due to forced indecent acts in 2015, and the fact that he/she has no record of punishment heavier than imprisonment without prison labor for violent crimes, and the protection and observation in order to prevent recurrence and the order to treat alcohol diseases shall be issued.

In addition, in consideration of the defendant's age, sex, environment, circumstances, circumstances after the crime, etc., the punishment as ordered shall be determined.

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