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(영문) 서울남부지방법원 2013.11.27 2013고단2774
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (year 66) are those engaged in the duties of driving a taxi.

On July 15, 2013, the Defendant: (a) around 06:45, at the short-distance taxi platform of the Kimpo Airport located in Gangseo-gu Seoul Airport, Gangseo-gu, Seoul, on the grounds that the victim made a port to the Defendant boarding his passengers at the bus stop, left the destination; (b) cut back the passengers; (c) spits down the passengers on the back water and face of the victim; and (d) spits twice the victim’s two backs on the back water and face; and (e) caused injury to the victim by taking several times of body length, the Defendant inflicted on the victim, such as satis, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (No. 15 of the evidence list);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts (Selection of imprisonment with prison labor in consideration of the fact that there has been several records of punishment of fines for the same kind of crime committed by the accused);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his/her mistake and has no record of punishment heavier than imprisonment without prison labor);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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