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(영문) 부산고등법원 (창원) 2017.05.31 2016노344
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

The victim's statement to the effect that the defendant was injured by assaulting the victim during his/her destination after he/she gets aboard the back of the taxi in which he/she is in operation of the victim.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

Before the judgment on the grounds for appeal ex officio, the prosecutor examined the facts charged in this case ex officio, and the prosecutor applied for an amendment to the indictment in this case as follows. Since this court permitted it, the judgment of the court below on the facts charged in this case cannot be maintained as it is.

However, the prosecutor’s assertion of misunderstanding the facts pertaining to the facts charged prior to the alteration of the indictment (whether credibility of the victim’s statement is credibility) is still subject to the judgment of this court in relation to the facts charged after the alteration of the indictment.

On August 2, 2015, at around 00:02, the Defendant: (a) was placed in front of, and around the day before the change, on the road of the Masan-si Masan-si Masan-si Masan-si, and (b) was placed in the E-si operated by the Victim D (53) to the F apartment of F apartment at destination, which is a destination; (c) was placed in a rapid way for the victim; (d) was placed at the back of the 5-6 stoping the head of the victim on drinking at around 5-6 occasions; and (d) was found to have the vehicle near the G police box to file a report by the victim; and (e) was found to have the vehicle cut and reported to 112, “I wish to Hadong-dong Ma-dong Ha-dong

If the victim's face is 5-6 times at the floor of hand, she can be killed by imprisonment with prison labor, and assaulted in a way that she can cut off the victim's face, she can cut off the victim's face, put the finger into the drafting of the victim, and strongly cut the victim's face to the right right, and then it is necessary to treat the victim for about 10 days.

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