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(영문) 인천지방법원 2015.11.27 2015고정3301
폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 4, 2015, the Defendant, around 20:35, went into a private taxi operated by the injured party B (the age of 61) in front of the Incheon Jung-gu Incheon Power Station, Jung-gu, Incheon. On the same day, at around 20:50 on the same day, arrived at the 9-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon (the destination of the 20:50-dong).

피고인은 택시요금 11,000원을 결제하기 위해 소지하고 있던 하나은행 체크카드와 하나비자카드를 피해자에게 제시하였으나 그가 "결제가 되지 않는다"고 하자 시비되어 다투던 중 1회용 라이타를 손에 쥔 채 피해자의 얼굴을 수회 때려 폭행하였다.

2. Around September 4, 2015, the Defendant: (a) heard the details of the report by the victim D and E, a police officer, who was dispatched to the said place for the said reasons; and (b) made a public insult of victims at the place where the victims were located, on the ground that the said victim’s credit card did not settle from the card terminal inside the taxi, on the ground that the victim’s credit card was bad.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of B’s written laws and regulations;

1. Article 311 of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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