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(영문) 서울동부지방법원 2017.11.10 2017고정1164
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 3, 2017, at around 01:10, the Defendant committed assault, such as flabing flabing and bling flabing with the victim C(60) of taxi driver(s) and flabing on the front of Gwangjin-gu Seoul Special Metropolitan City, on the ground that he was in dispute with the victim's refusal to operate.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. The Defendant asserts to the effect that the Defendant was physically and mentally deprived or physically weak at the time of the instant case regarding the Defendant’s argument in C’s statement.

According to the records, although the defendant could have been aware of the fact at the time of the crime of this case, in light of the background leading to the crime of this case, the means and method of the crime of this case, etc., the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

Since the above argument cannot be accepted, it shall not be accepted.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

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