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(영문) 서울고등법원 2018.04.11 2017노3071
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Fact-misunderstanding Defendant did not assault a victim inside a taxi operated by the victimized person, and was only the fact of assault in the course of spreading the victim who demanded and attached a taxi fee after getting off the taxi.

① The Defendant: (a) took a taxi in which the victimized person was in operation and got to a destination; and (b) dialogueed with the plenary session during the course of serving as a destination.

The Defendant heard from the injured party the phrase “influence” against the participants at the solar assembly, and demanded the victim to leave the body.

However, the victim has neglected the defendant's demand and continued to operate the taxi, and the mast taxi stopped for the signal waiting in Seoul alternate distance, and the defendant was getting off the taxi.

The victim, who, after getting off from the taxi, requested the defendant to pay a taxi fee, attached the defendant, and the defendant abused the victim in the process of spreading it.

② The statements made by the victim, the sole direct evidence for the instant crime, are not reliable for the following reasons.

The victim of the crime committed by the victim of the crime was stated in the investigative agency to the effect that “the victim was unable to drive multiple assaults from the Defendant on the next occasion,” and the court below stated to the same effect in the court below.

However, at the time of the testimony of the court below, it was pointed out that at the time of the testimony of the court below, the defendant could have been able to assault the victim by using a lux hand. The victim reversed the statement to the effect that "the victim was unable to meet the extent of a lux, and the assault became more severe after driving the luxal distance."

When the victim is investigated by the investigative agency, it seems that the situation at the time of this case is to submit a video of the video records.

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