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(영문) 서울남부지방법원 2019.08.20 2019고단2217
폭행
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates his own business, the victim B (the male and the 62-year-old) is a taxi engineer, and there is a gap between the two.

On October 18, 2018, around 23:30 on October 23:30, 2018, the Defendant selected the method of informing the destination in the voice by putting the land owner D taxi in front of the Yeongdeungpo-gu Seoul Metropolitan Government C building, and going into the taxi installed in the taxi.

However, the door was shut down by getting off the taxi after having called that the taxi does not work inside the taxi and uses another taxi.

Accordingly, the victim called "drawing off the taxi door", and as a result, the trial cost was caused by this reason, the defendant was pushed the victim who was in India on his hand and went beyond the floor.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, a report on an investigation (Submission of a medical certificate for an injury), and a report on an investigation (report on hearing the statements of persons

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. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the background leading the Defendant to the commission of the crime, the degree and result of damage, the conditions before and after the commission of the crime, and other various circumstances, such as the Defendant’s age, character and conduct, environment, criminal records, etc., and the conditions for sentencing as shown in the records and pleadings

The disadvantageous circumstances: The fact that there is a history of punishment for a crime of the same kind of violence, the circumstances favorable to the fact that the defendant does not agree with the victim: the fact that the defendant recognizes the crime of this case, and that the degree of violence is not severe, and the crime of this case is deemed to have been committed

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