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(영문) 수원지방법원 안산지원 2018.03.22 2018고정58
폭행
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On September 13, 2017, 09:22, the Defendant: (a) driven his/her taxi in the vicinity of the bus stop located in the Si, Gun branch; (b) tried to enter the taxi in the front of the taxi bus located in the victim B; but (c) stopped the victim’s taxi vehicle in his/her own taxi because the victim did not yield; and (d) subsequently, the victim who was seated in the taxi driver’s seat that he/she left the taxi in his/her vehicle is able to do so, and (d) the victim is able to do so.

"In his hand, he assaulted the victim by cutting down his bat."

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of each statute on photographs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. It is recognized that the defendant has no particular criminal history for about 10 years for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

However, the crime of this case was committed by assaulting the victim by getting off the victim's lane from the vehicle after stopping the damaged person on the ground of minor trial expenses on the road.

It is necessary to punish more strictly than simple assault in that anyone can become a victim and threaten the safety on the road.

Until now, the defendant has not been aware of his fault, but did not properly recognize his fault.

The defendant has been punished for a suspended sentence of imprisonment with prison labor once for violent crimes, three times of fines, two times of fines for traffic-related crimes, and one time of a suspended sentence of imprisonment with prison labor for such crimes.

In addition, the conditions of all the sentencing shown in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case, shall be determined in the same manner as the order.

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