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(영문) 서울북부지방법원 2019.08.22 2019고단140
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 100,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

1. On December 26, 2018, at around 22:17, the injured Defendant: (a) boarded a cab operated by the injured party B (the age of 60) in the vicinity of the Nowon-gu Seoul Special Metropolitan City Nowon-gu Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's station at around 22:40 on the same day; (b) went to the destination of the injured party; (c) did not pay a charge to the injured party; and (d) the injured party's body was frightened with the injured party's hand, frightened with the injured party's face, face, and body part that the injured party frighted with the injured party's hand, and frightd with the injured party'

As above, the Defendant assaulted the victim, thereby committing multiple scambling in need of treatment for about three weeks.

2. No person who violates the Punishment of Minor Offenses Act shall impose any value on a motor vehicle or ship for business purpose, or on a food sold by another person without justifiable grounds;

Nevertheless, the Defendant did not take 9,700 won of taxi charges without justifiable grounds, on the part of the Defendant, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (to peruse and attach a screen image of the victim's vehicle) and investigation report (to attach a medical certificate of injury submitted by the victim);

1. Application of victim photographs and tax receipts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of freeboard and the selection of fines) concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment did not appear to be a non-discriminatory assault against the victim demanding the payment of legitimate taxi charges, and there is no reason to consider the motive or circumstance of the crime.

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