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(영문) 서울중앙지방법원 2013.09.27 2013고정2258
특수폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a business taxi engineer.

On November 25, 2012, 05:10 on November 25, 2012, the Defendant displayed an empty car on the street in front of the Gangnam-gu Seoul Metropolitan Government C building, and was driving a taxi for EYF small business in D.

At this time, the Defendant: (a) opened a front door of the Victim F (the 26-year-old age) and said that “I cannot go against the front door of the school hours”; (b) the victim obstructed the front door of the vehicle and proceeded at the speed of the vehicle at a 120-hour call center.

Accordingly, the Defendant committed assault by using a vehicle in his own operation, such as kneeing the victim.

Summary of Evidence

1. Legal statement of witness F;

1. Application of video-related Acts and subordinate statutes to the victim bridge photographs;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant has never shocked the victim by a vehicle.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, i.e., the victim’s knife in the vehicle after examining the knife of the Defendant’s vehicle in hand on several occasions (see, e.g., the victim’s legal statement) and the fact that the victim knife knife knife knife was a red state (see, e.g., the victim’s 11 photographs) at the time, etc., the Defendant’s vehicle proceeding and assaulted the victim’s knife by shocking the victim’s knee.

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