Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

피고인은 2018. 9. 15. 00:44경 서울 영등포구 B 앞 도로에 정차한 피해자 C(남, 59세) 운전의 D 개인택시에서 피해자의 말투가 기분 나쁘다는 이유로 택시에서 내리면서 택시 오른쪽 뒷문을 발로 찼다.

Accordingly, the Defendant damaged the amount of the repair cost due to defects in the back door of the taxi owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to victims, photographs of damage, and reports on investigation (to hear statements of victims);

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize and reflects the crime of this case. The defendant's punishment is determined as ordered by taking full account of the circumstances leading to the crime of this case, the degree and result of damage, the situation before and after the crime, the defendant's age, character and conduct, environment, and criminal records, including the fact that the victim does not want the punishment of the defendant, the victim does not want the same criminal records, and the dementia is suffering at present, etc.

Public Prosecution Rejection Parts

1. On September 15, 2018, the Defendant: (a) around 00:44, the Defendant received the part of the charge from the victim’s Do private taxi that stops on the front road of Yeongdeungpo-gu Seoul Metropolitan Government (Seoul, 59 years old); (b) the victim’s head was 1 time as a drinking on the ground that the victim’s horse dose is bad; and (c) the victim’s body and face resisting from the taxi were quih with the quih head, wherein the victim’s body and face resisting from the taxi would be bad.

Accordingly, the defendant assaulted the victim.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

C. After the prosecution of this case, the victim was not punished against the defendant.