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(영문) 서울동부지방법원 2014.04.25 2014노51

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is the age of the victim D, and the victim made a statement in the court of the court below that is unclear in the course of memory of the situation at the time when four months have passed since the date of the occurrence of the case, and such statement cannot be deemed to be false. According to objective evidence-based black video, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although it is evident that D was making a claim immediately preceding the defendant's taxi left side, and even though D was trying to move to the right side of the taxi, and it was recognized as an intentional injury because it was evident that D was inflicted an injury by going beyond the floor of the taxi.

2. Determination

A. The summary of the facts charged in the instant case is a taxi engineer for business purposes.

On May 30, 2013, the Defendant: (a) around 23:30 on May 30, 2013, 2013, the Defendant: (b) decided that the victim would get off the taxi due to the direction of destination and D (mae, 62 years of age) of the victim of the taxi boarding the taxi; (c) decided that the victim would have another taxi to get out of the taxi; and (d) decided that the victim would have knee, knee, knee, knee, knee, knee, kne

As a result, the Defendant carried dangerous objects as above and carried the victim's 14-day medical treatment into the left-hand side of the light frame and the left-hand side of the victim.

B. The lower court determined that: (a) the Defendant alleged that the Defendant exceeded the victim even though he did not go against the vehicle because he did not go to the left by plucking, plucking, cutting off the damaged hand hand of the victim who had obstructed the taxi in front of the taxi, rather than going straight by one lane; and (b) the victim did not go to the left by cutting, plucking, and cutting off the hand to the left by blocking the victim in front of the taxi; but (c) the victim written in this court and the number of the taxi and the vehicle are written in front of the Defendant and the vision.