A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On September 11, 2016, around 03:10 on September 11, 2016, the defrauded got a F taxi driven by the victim E (year 61) on the front of the road located in the Busan Jin-gu C, and falsely concluding that the Defendant would pay KRW 35,000 if the Defendant was born to G.

However, there is no money that the defendant had at the time, and even if the defendant was born to the destination, the victim did not have the intent or ability to pay taxi expenses to the victim.

Ultimately, the Defendant, by deceiving the victim as above, caused the victim to take care of the Defendant to the front road of the Mag-gu apartment house with 40 U.S. shares in Yangsan-si, but exempted the victim from paying KRW 35,000 of the price, thereby acquiring pecuniary benefits equivalent to the same amount.

2. 상해 피고인은 1항과 같은 날 04:00경 위 우남퍼스트빌 아파트 옆 도로에서 택시비를 내지 않기 위해 도망하던 중 피해자로부터 “택시비를 주지 않으면 112에 신고하겠다.”라는 말을 듣자 이를 저지하기 위해 피해자에게 다가가 발로 피해자의 오른쪽 다리 부위를 걷어차 넘어뜨리고, 이어서 오른발로 넘어진 피해자의 얼굴 부위를 1회 걷어찼다.

In the end, the Defendant inflicted injury on the victim, such as internal surgery, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The scene of each damage and photographs of damaged parts;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act concerning the facts constituting an offense, the choice of imprisonment with prison labor;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) the Defendant, without having the intention or ability to pay the taxi fee, did not pay the taxi fee and reported the situation to the police by the victim while escaping; and (b) inflicted an injury upon the victim by making a cruel and cruel assault.