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(영문) 서울서부지방법원 2019.10.10 2019노889
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the victim B, from the investigative agency to the court of the court below, made a concrete and consistent statement on the background leading up to the future interest while making a statement from the investigative agency to the court of the court below; (b) the victim’s statement is credibility in the victim’s statement; and (c) the victim’s statement is confirmed according to the black-box image in which the situation at the time was recorded, and the fact that the victim tolds that “at the time it was confirmed,” the victim

Nevertheless, since the court below acquitted the Defendant of the facts charged in this case, it erred by misapprehending the facts and affecting the conclusion of the judgment.

2. The lower court found the Defendant not guilty of the facts charged in this case on the ground that the evidence submitted by the Prosecutor alone is difficult to deem that the facts charged in this case is beyond reasonable doubt, and there is no other evidence to acknowledge otherwise.

In addition to the circumstances described by the court below in detail, the victim stated in the court below that "the victim saw the right to left a parking place from the defendant himself/herself while making a left-hand turn," but according to the black picture recording, it is confirmed at the time when the victim stops the operation and stops the vehicle at the parking lot. As such, considering the fact that it is difficult to credibility the victim's statement in this point, since the victim's statement is inconsistent with the statement about the victim's violence circumstance and the situation based on objective evidence, the above judgment of the court below is just and acceptable, and there is an error of law of mistake of facts as argued by the prosecutor.

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