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(영문) 부산지방법원 2016.07.28 2016노961

경범죄처벌법위반

Text

The prosecutor's appeal is dismissed.

Reasons

In full view of the summary of the grounds for appeal (misunderstanding of facts), the statement by private taxi driver E, the statement by police officers dispatched at the time, and the situation before and after the appeal, etc., the defendant demanded the taxi driver to leave the taxi, and the court below found the fact that he did not pay the fee without justifiable grounds, but the court below acquitted the defendant of the facts charged in this case. The court below erred by misapprehending

The summary of the facts charged in the instant case should not be included in the value without justifiable grounds after getting on the vehicle for business use.

Nevertheless, on April 20, 2015, the Defendant: (a) on April 20, 2015, while getting off a D cab in the vicinity of the Jinyang-si located in Busan, Busan, the Defendant left the cab without paying a charge to the cab at the end of the punishment; and (b) on the FJ G G in the 112 reported and dispatched after receiving the 112 report, the Defendant called the FJG G to pay the 22,080 won of the cab fee.

Judgment

In full view of the facts duly admitted and examined by the court below and circumstances recognized thereby, the court below found the Defendant not guilty of the facts charged of this case on the ground that the evidence submitted by the prosecutor alone was insufficient to recognize the facts charged of this case that the Defendant did not pay a certain value without justifiable grounds, and that there was no other evidence to acknowledge it.

The lower court acknowledged the following facts.

On April 20, 2015, the Defendant, along with the workplace D-si H, was boarding the D-si driven by E in front of Busan, Busan, on April 20, 2015.

The defendant was going to J in the vicinity of the defendant's dwelling through I apartment in Busan Shodong-gu, the dwelling area of H.

A H H in the Do is K.