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(영문) 서울중앙지방법원 2019.03.14 2019고단81
상해등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Criminal facts

[criminal power] On September 17, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and on August 14, 2015, the Defendant completed the execution of the sentence with special amnesty exempted from the execution of the remaining sentence.

【Criminal Facts】

1. On August 10, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was driving a victim B (the age of 67) on the roads near the Gyeongdo Station located in 130, Jongno-gu Seoul, Jongno-gu, Seoul, along with his father D, and was driving a two-way in the destination.

At around 16:42 of the same day, the foregoing vehicle was temporarily stopped on the front road of Jongno-gu Seoul Metropolitan Government E, Jongno-gu, Seoul.

The Defendant was divingd from the time of boarding the said taxi, and following the stopping of the taxi, D did not shoulder the Defendant.

그러던 중 같은 날 16:49경 피해자가 영업방해라고 하면서 112신고를 하자, 피고인은 갑자기 잠에서 깨어 피해자에게 “씨발, 개새끼야”, “돈 줘!, 돈 줘!”라고 소리치며 오른손 주먹으로 피해자의 오른쪽 귀와 얼굴부위를 1회 때렸다.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. On August 10, 2018, at around 16:50 on the front of Jongno-gu Seoul, Jongno-gu, Seoul, and immediately after the assault as described in paragraph (1), the Defendant: (a) extracted the key of the said taxi vehicle from the taxi; and (b) the victim demanded that the Defendant return the key to the Defendant; (c) the victim was able to turn back the key to the Defendant; (d) the victim’s left face into the hand-to- hand hand-to- hand hand saw the victim’s hand-on; (e) the victim’s arms are cut back; (e) the victim’s part is walking back to the victim’s part; and (e) the victim’s chest was able to saw the victim’

As a result, the Defendant put the victim into divers, such as wood, ear, breast, etc., which requires treatment for about two weeks.

3. Performance of official duties and injury.

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