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(영문) 서울북부지방법원 2014.04.29 2014고정904
폭행등
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was aboard a private taxi (C) operated by the victim B (year 52) on the front day of the sexual intercourse 2-ro 34 Dan-ro Seoul Seongbuk-gu, Seongbuk-gu, Seoul.

1. Around December 22, 2013, the Defendant, at around 23:50 on December 22, 2013, assaulted the victim’s face and head at around 105 of D apartment units in Seoul Special Metropolitan City, Nowon-gu, with no reason.

2. For the same reason, the Defendant destroyed and damaged property in the city and damaged its utility by cutting off the string and the string door installed in a taxi by drinking them, and making the light strings fall off, etc., which were installed in a taxi.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Bluices and video photographs;

1. Application of Acts and subordinate statutes on damaged photographs;

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act and Article 266 of the Criminal Act, the choice of fines for the crime;

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

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he/she was unable to memory under the influence of alcohol at the time of the crime, and thus, the judgment-convenor was based on the assertion that he/she was in a state of mental disorder or mental disorder, and the Defendant was aware that he/she had drinking alcohol at the time of the crime, but did not have the ability to discern things or make decisions.

Since it seems that it does not seem to be in a state or weak condition, it is not recognized as either mental or physical disability.

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