특정범죄가중처벌등에관한법률위반(운전자폭행등)
The defendant shall be innocent.
1. A summary of the facts charged: (a) around July 18, 2012, the Defendant: (b) 19:40 on the ground that the victim C (the 60-year-old, South) (the 60-year-old), who is a taxi engineer, was flicking a taxi without putting the taxi, and flicked the victim’s face at the top of the Haak-gu Domp that was under the influence of the Haak-dong, Suwon-gu, Suwon-gu, Suwon-si, and flicked the victim’s face at drinking while taking the victim’s desire; and (c) the victim continued to drive the taxi on the e box in the place where the victim tried to report, and assault the victim’
2. The evidence consistent with the facts charged in the instant case includes the statement of the police officer against the victim that the victim was assaulted by the defendant within the vehicle in operation, but the victim appears in this court as a witness and stated that there is no statement as above from the police, so the above statement of the police officer against the victim cannot be used as evidence.
Even if the victim stated such statement in the police, the victim stated in this court that he did not have any assault by the defendant in the vehicle in operation. However, the victim stated in the police that the victim made a false statement in the mind that he was assaulted by the defendant since the defendant stopped in the taxi in the vicinity of the E box, and that the victim made a false statement in the police that he was assaulted by the defendant during operation (not excluding the possibility of harm inflicted by the victim even before or after the commencement of operation). The victim's statement in the police station cannot be trusted as it is, and there is no other evidence to prove the facts charged of this case.
3. Accordingly, the instant facts charged are proven to prove crimes.