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(영문) 서울서부지방법원 2017.12.20 2017고단2319
폭행등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 200,000 won.

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

Reasons

Punishment of the crime

1. On July 22, 2017, the Defendant: (a) committed assault against the victim, who was a taxi engineer of the victim D (49 tax) who was a taxi driver on the ground that the victim started late due to the mobile phone call, on the roads of the first line located in the Eunpyeong-gu Seoul Metropolitan City, 197, using the cT100 Orna on the roads of the 1st line; (b) caused the victim to cut off the cab of the victim; (c) caused the victim to cut off the cab on the front road of Eunpyeong-gu Seoul, Seoul; and (d) embling the cab on the face of the victim from the cab; and (d) booming the victim over several times by hand, with hand and on the part of the knick.

2. On July 22, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven CT100 Obama without obtaining a bicycle license from a motor device license in approximately 500 meters section from the front of the funds located in Eunpyeong-gu Seoul 8-ro 9, Eunpyeong-gu, Seoul to around 22:20 on the same day from July 22, 2017 to the front road of Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Sable and video materials for video records);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 260 (1) of the Criminal Act (a point of violence), Article 260 (1) of the Criminal Act (a point of punishment for an offense), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (a point of driving without a license), the selection of a fine for an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. It is not good that a crime is committed in that it uses insulting violence, such as spiting or spiting the victim’s face, which is much more than 10 times old, by committing a crime related to the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

However, the degree of physical violence is relatively minor, and it seems to be against the recognition of crimes, and considering the age, sex, environment, etc. of the defendant.

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