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(영문) 서울중앙지방법원 2017.02.09 2016고단9126
폭행치상
Text

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

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

Reasons

Punishment of the crime

On July 17, 2016, around 02:00, the Defendant: (a) on the front toilet street along the intersection in Seocho-gu Seoul, Seocho-gu, with the passage of 12-0, and (b) on the front toilet street, from the entrance of the victim C (67 years old) to the king of Gyeonggi-do, the Defendant was going to go between the paths he knows and the paths he knows, and (c) tried to get off another taxi after getting off the taxi.

이에 피해자가 ‘ 타고 온 요금을 계산해 달라. ’며 피고인의 허리춤을 잡자, 피고인은 양손으로 피해자의 가슴을 세게 밀어 피해자로 하여금 엉덩방아를 찧게 하는 등 넘어 뜨려 피해자에게 약 6 주간의 치료를 요하는 골반 골 우측 치골 상하지 골절 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 262, Article 260 (1), and Article 257 of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the defendant was deprived of the ordinary course while getting on and off a taxi operated by the victim, misunderstanding that he was going on and leaving another taxi in the middle, thereby making the victim not paying the fee, and thereby causing the victim's injury by getting on and leaving another taxi is not good in light of the course of the crime.

As a result, the victim was injured for about 6 weeks of medical treatment, and thus, the result of the crime is not easy.

It can be seen as an unfavorable circumstance even if the damage has not been fully restored to the job.

However, the defendant reflects his fault in depth.

The degree of violence committed by the defendant is minor, and the defendant will be injured by the victim in light of the victim's circumstance, side and degree of injury, treatment progress, etc.

Until now, it seems that it is not easy to expect.

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