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(영문) 수원지방법원 2015.12.17 2015고정2701
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 29, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) committed assault on one occasion by the victim’s back water level on the ground that the victim reported 112 as a matter of payment of the above fee while he was boarding a vehicle run by the victim B (the age of 47 and South) in front of the Yangsan Library 34, 410 Osan-ro, Yangsan-ro, Masan-ro, Masan-ro, on the ground that the victim reported 112.

2. In spite of the absence of the intent or ability to pay the fare at the date, time, place, and place indicated in paragraph 1, the defrauded obtained pecuniary benefits by avoiding the payment of the taxi fee of 60,000 won, such as: (a) he/she believed that the victim was on board the taxi operated in the non-floor of Guro-gu Seoul Metropolitan Government and believed that he/she would pay the fare to the victim; and (b) refusing to pay the fare upon arrival at the destination; and (c) refusing to pay the fare.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police statement against the defendant;

1. The police statement concerning B;

1. A report on investigation by telephone;

1. A taxi charge receipt;

1. Damage photographs [The victim's statement is that according to the victim's statement, the defendant did not pay taxi expenses because he did not have money after the defendant arrived at his destination; the victim stopped at the victim's second time with his hand, and the victim prevented him from escape, and the defendant stated that the defendant was aware of the victim's inner part of the victim's inner part as he used. The defendant also received a protocol of suspect examination from the police and made a statement that he was sent one time to the victim's face (28 pages of investigation record). Thus, the defendant was recognized as assaulting the victim as stated in the facts constituting the crime that he did not have the intent or ability to pay taxi expenses at the time.]

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