Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant was on October 24, 2015, on the part of the Defendant, at around 22:20, boarding a cab operated by the victim B (5 years old) in front of his/her sublime’s elementary school located in Nam-gu Incheon Metropolitan City.
However, there was no intention or ability to pay taxi charges to the defendant.
Nevertheless, the Defendant, as if he would be able to pay the fare, by deceiving the victim as if he would be able to pay the fare, let the cab run the taxi to the 806-3 heading Dong-dong, Nam-gu, Incheon Metropolitan City, the destination, and did not pay the 15,900 won of the taxi fee to the victim.
2. Around October 24, 2015, the Defendant, at around 22:50 on October 24, 2015, committed assault against the victim, such as: (a) having arrived in front of 104 apartment complexes 104; and (b) having not paid taxi charges; (c) having flown away from the floor by putting bridge and arms of the victim with whom he/she was frightd; and (d) having frighted the victim’s body, taking the victim’s body.
Summary of Evidence
1. A protocol concerning the examination of partially the police officers of the accused;
1. Statement made by the police against B;
1. A copy of a taxi charge receipt;
1. Application of Acts and subordinate statutes to photographs of victims;
1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of fraud), and the choice of each fine for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;