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(영문) 대구지방법원 김천지원 2017.02.14 2016고정489
폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 21, 2016, the Defendant: (a) 02:21, the Defendant: (b) on the street in the front of the “D” located in the Gusi Si, Sinsi; (c) was under the influence of alcohol while moving to a F taxi operated by the victim E (63 ) and took a bath to the victim’s destination; (d) on the ground that the victim was getting out of the taxi and getting out of the taxi and getting out of the taxi, the Defendant abused the victim by getting the victim to the driver’s seat where the victim is seated at another taxi, making the victim get out of the taxi, leaving the driver’s head two times at the hand, taking a shoulder of the victim; (d) the victim was able to take a walk to get on the driver’s seat; and (e) assaulted the victim by preventing the victim from opening the door.

Summary of Evidence

1. Partial statement of the defendant;

1. A police investigation report (attached data on taxi booms);

1. A report on the occurrence of a crime and a report on internal investigation (Attachment to black stuff photographs);

1. 12 Requests to issue a report processing slip;

1. One CD [The defendant and his defense counsel alleged that the defendant did not assault the victim, but the witness E's statement recognizes credibility in light of its circumstances, contents, and consistency, and addition of the remaining evidence, such as one CD, it is sufficiently recognized that the defendant assaulted the victim as stated in the facts constituting a crime.

Therefore, the above assertion by 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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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