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(영문) 서울중앙지방법원 2019.11.21 2019고정1472
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 2, 2019, at around 00:16, the Defendant tried to make a match without paying a taxi fee after getting a D taxi operated by the victim C(63 years of age) at the front of Gwanak-gu in Seoul Special Metropolitan City and having arrived at the destination.

Accordingly, the victim was able to drive away the defendant and put his arms, and the defendant was blicked by the victim's face one time by blicking the victim's own flick.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, C and F;

1. A written statement of C and F;

1. Photographs;

1. In an investigation report [the defendant and his defense counsel] (the defendant's moving the defendant's arms intending to roots the victim at the time is merely facing the defendant's grandchildren on the face of the victim. It cannot be deemed that the defendant has the intention of assault. Even if the defendant committed assault, the defendant's act that the victim spawndddly caused the defendant's own spathy is a legitimate act because the defendant's act is a legitimate act. However, in full view of the above evidence, in particular the witness's own legal statement, the defendant's hand spathdly under the influence of alcohol, not merely spreads the defendant's hand, but can sufficiently recognize the fact that the defendant intentionally sold the defendant's arms to the victim's face, and the defendant's act cannot be evaluated as a legitimate act]; the application of the law and regulations.

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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