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(영문) 서울중앙지방법원 2016.11.16 2016고정2991
폭행등
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

[2016 High Court Decision 2991]

1. Around March 9, 2016, the Defendant assaulted the victim’s face one time, kneee two times, on the ground that the victim C was frighted in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, on March 9, 2016.

[2016 High Court Decision 2992]

2. Around 19:20 on February 8, 2016, the Defendant was in the vicinity of the Agsan Station in Gwangjin-gu Seoul Special Metropolitan City, and the Defendant was boarding the E-si operated by the victim D, and arrived at the Seoul Military Station located in Seocho-gu Seoul Military Station located in Seocho-gu Seoul Metropolitan City, the destination of which is the destination.

However, in fact, the defendant did not have the intention or ability to pay taxi charges from the time of boarding a taxi.

The Defendant, by deceiving the victim, received taxi transport services from the victim, and did not pay 16,300 won of taxi fares, thereby acquiring pecuniary benefits equivalent to the same amount.

3. On February 8, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) stated in the Seoul Coast Guard, on February 8, 2016, and (b) stated in the Seoul Coast Guard, that the police officer, who was under the influence of alcohol, expressed him or her to a very rough speech and behavior at a public office, with the influence of alcohol for about 10 minutes, in a manner that “the police officer, instead of the police, i.e., he or she am special., he or she am special.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to taxi receipts and investigation reports;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, Article 260 (1) of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud, Selection of fines), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance at government offices and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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