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(영문) 서울서부지방법원 2020.07.23 2020고단384
폭행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[207] On February 1, 2020, at around 01:35, the Defendant, on the front side of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, demanded the victim D (the age of 62) to take a taxi and move to the high-si in Gyeonggi-do, but received a request from the victim to request the use of another taxi as it is possible to operate only Seoul area, but did not get off the taxi, and the victim requested the victim to open a door from the taxi and re-enter the taxi, thereby assaulting the victim's face.

Summary of Evidence

1. Statement of D police statement;

1. Each written statement of D and E;

1. Photographs;

1. Application of Acts and subordinate statutes to each investigation report (field investigation and telephone communications for witnesses);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment.

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

1. Although it is clear that he/she used violence against taxi engineers without any particular reason in sentencing under Article 334(1) of the Criminal Procedure Act, he/she does not seem to have an attitude contrary to the denial of the crime, and without any specific reason, it is evident that he/she used violence against taxi engineers; the damage was not recovered and the victim did not receive a letter from the victim; and there was no record of punishment exceeding a fine due to the same kind of crime; the defendant's age, character and behavior, social work experience, family relationship, health status, and the circumstances after the crime, etc. are considered in light of all the sentencing conditions including the defendant's age, character and behavior, social career

1. The Defendant is a passenger of a taxi operated by the victim B (52 years of age).

At around 23:25 on January 31, 2020, the Defendant, under the influence of alcohol, assaulted the victim by taking a bath against the victim without any reason after getting off the taxi at the front of Mapo-gu Seoul Metropolitan Government.

2. Determination of applicable provisions of law: The crime of non-violation of will in Article 260 (1) of the Criminal Act: The victim B's intention not to punish the victim B on July 10, 2020 after the prosecution of Article 260 (3) of the Criminal Act.

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