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(영문) 서울남부지방법원 2016.03.23 2016고단327
폭행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 03:30 on February 2, 2016, the Defendant assaulted the victim’s right side side and the lower part of the taxi rate four times by drinking, while working in the F taxi of the victim E driving that stops on the front side of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu.

2. On February 2, 2016, the Defendant: (a) was arrested as a flagrant offender in the foregoing case, and was transferred to the model of the Seoul Yeongdeungpo-gu Police Station and the criminal team waiting room on February 2, 2016, the Defendant broken down the three-dimensionals in the toilet on the right knee.

Accordingly, the Defendant damaged the goods used by public offices to be in excess of KRW 500,000,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on internal investigation:

1. Application of each statute on photographs;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 141 (1) of the Criminal Act (the point of damage to goods for public use) concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are the case of this case, is that the defendant committed violence against the defendant as a matter of the taxi engineer or fee boarding, and that the defendant was arrested in the act of committing an act of committing an offense and thereby damaging the toilet screen while going to the police station.

However, the punishment as ordered shall be determined by considering the defendant's age, environment, circumstances after the crime, etc., and the fact that the defendant has been detained for at least one month, the degree of damage caused by the damaged article is not significant, and the defendant's age, environment, the background of the crime in this case, circumstances after the crime.

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