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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
After drinking alcohol with C, the Defendant was on the back seat of D taxi.
On January 20, 2014, the Defendant: (a) around 22:15, 2014, on the road side of the E Apartment 14 Dong, Nowon-gu, Seoul Special Metropolitan City, the victim F demanded the victim F to go up on the road while driving D taxi.
The Defendant assaulted the driver of a vehicle in operation by walking the right side of the victim, the shoulder side of the victim, and the driver of the vehicle in operation, who was reported with rhythm on the back side of the taxi.
Summary of Evidence
1. Legal statement of witness F;
1. Application of the law to include some statements in the police interrogation protocol against the defendant
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Fines for Crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The summary of this part of the facts charged is that the Defendant assaulted the driver of a vehicle driving in order to take the victim F's face at the same time and place as the facts charged in the judgment.
2. According to the statement of F, as stated in the facts of the crime in the judgment of the defendant, the victim was stopped by the vehicle boom as shown in the judgment of the defendant, and the movement was automatically turned out, and the body fighting was faced with the drinking face in the process of the vehicle fighting while stopping (the F's statement of police was also stopped, and the purport of the F's statement is that it was drinking). Accordingly, this part of the assault cannot be viewed as a case of assaulting the driver of the vehicle in operation, and there is no other evidence.
Therefore, this part of the facts charged should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime.