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(영문) 서울동부지방법원 2017.08.25 2017고정378
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

On October 7, 2016, the Defendant: (a) 01:06, while getting on and off a cab driven by the victim D (64 tax) before Gangdong-gu Seoul Metropolitan Government, brought an assault with the victim, who was under the influence of alcohol and did not pay the taxi fee; and (b) as is, the victim would pay the taxi fee; (c) paid the taxi fee to the victim; and (d) caused the victim to go on by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement made by the police against D;

1. A copy of the taxi charge receipt and defense counsel’s assertion, and the defendant and defense counsel had a mental and physical loss or mental weakness at the time of committing the crime;

In light of the records, although the Defendant was aware that he had drinking at the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions, taking into account the following: (a) the process, method and method of the instant crime; and (b) the Defendant’s speech and behavior at the police station after committing the instant crime; and (c) the Defendant had a state

Therefore, the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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