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(영문) 서울중앙지방법원 2015.09.10 2015고정2897
상해
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a driver of a taxi exclusively for foreigners who belong to B.

On October 29, 2014, the Defendant: (a) around 23:30 on October 29, 2014, three persons, including the victim F (n, 30 years of age) and two Chinese nationals, were boarding the taxi in the operation of the Defendant; (b) demanded the victim to leave the taxi at a foreigner-only taxi; and (c) the victim demanded the victim to leave the taxi at the passenger; and (d) said, the victim stated that “the two persons are China, and should be reported as the refusal of boarding.”

As above, the Defendant heard the victim’s statement that “the Defendant would make a report” from the victim, took the victim’s bath, and let the victim take the arms of the victim who was seated from the taxi, and let him get off from the taxi, and got the victim her face from the taxi, and then was tightly damaged by the victim for about four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement F in the suspect examination protocol of the accused by the prosecution;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs showing the snow of suspect F and to capsize on-site CCTV;

1. Article 262 of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act, the choice of fines for the crime;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On October 29, 2014, at around 23:30 on October 29, 2014, the Defendant: (a) three persons, including the victim F (n, 30 years of age) and two Chinese nationals, take a cab exclusively for foreigners running by the Defendant; (b) demanded the victim to take a cab, and (c) the victim demanded the cab to take a cab. The victim stated that “The two cab is a Chinese person, who is a Chinese person, will be reported as a refusal to take a cab.”

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