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(영문) 청주지방법원 2013.08.23 2013노244

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserted a mistake of facts unilaterally from the victim and did not assault the victim.

B. The Defendant asserted the misapprehension of the legal doctrine assaulted the victim.

Even if this is a self-defense or a legitimate act, illegality is excluded.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the first instance court as to the assertion of mistake of facts, the Defendant may recognize the fact that the Defendant abused the victim, such as the facts charged.

Therefore, we cannot accept this part of the defendant's assertion.

1) As to the circumstances in which the victim got on a taxi in which the defendant was on board, the victim stated that the victim was on board the taxi that the defendant was on duty while she was on duty while her friendship with her natives and went home, while the victim was on duty while she was on duty while she was on duty, but the defendant first identified the defendant's taxi (the victim was on duty before a month in which she was on duty of drinking prior to

() The Defendant stated that he was aboard the taxi of the Defendant with setting up thisnet. However, the Defendant submitted a CD (Evidence No. 10) recorded in the black box installed in the taxi that he operated by the police (Evidence No. Serial No. 10) (the CD includes three video files, and the file name of each video file includes “alwa-201027-27 -1602”, which is “one screen”, “alwa-27 -12102,” and “alwa-27 -12102”, which is “alwa-27 -2,” and “alwa-27 -202”, which is “alwa-2027 -12602,” as “three screen images.”

Of them, the number of victims who walk while driving a taxi on a alleyway was cut by themselves (0:00 to 00:00:00:00: 00: 00: 00:00: 30) of the video is taken by the victim who walk while driving a taxi on the alleyway.

According to the above video, the taxi scambling which the defendant operated.