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(영문) 서울동부지방법원 2015.07.01 2015고정261
상해
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

On December 4, 2014, at around 02:50 on December 4, 2014, the Defendant spited the victim’s face, trees, and chests to the victim by drinking, while getting on a taxi (the age of 53) operated by the victim D (the age of 53) who is a taxi driver at the front of Gangdong-gu Seoul Metropolitan Government.

As a result, the Defendant inflicted an injury on the victim, such as cage cage cage, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. Application of Acts and subordinate statutes (Evidence No. 10)

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant of the assertion was boarding a taxi operated by G and the victim.

The Defendant was scheduled to leave before the I Hospital near H Station, and G was scheduled to move to the Songpa-gu Seoul J where G home was located.

The Defendant and G set the victim back to J via I Hospital, and G was called “the taxi driver returned to the path” during the taxi operation Do, and set a vision between the victim and the Defendant.

The victim, who was suffering from flab, was at the end of the I Hospital, not the J, which is the final destination, and the defendant and G demanded the discharge of the vehicle before the I Hospital, and the victim unilaterally flabed by drawing the defendant when G settled the taxi fee. In this situation, the defendant was only flabing the victim's flab in order not to fit the defendant, and there is no fact that the victim inflicted an injury by assaulting the victim, such as

2. The victim, after consistently paying the taxi charges from the police to this Court, consistently interferes with the operation of the defendant to prevent the defendant from opening a taxi door.

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