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The prosecutor's appeal is dismissed.
Reasons
1. Around March 1, 2013, the Defendant: (a) around 21:30 on March 1, 2013, at the street in front of the Daehan, Incheon Gyeyang-gu, the Defendant demanded a fare of KRW 4,000,00, by arriving the victim E (age 51, female) on his own personal taxi vehicle at the same place as the destination.
However, during the process of coming from the destination, the victim feel frighten about the fact that the defendant did not confirm the present time and paid 3,000 won, which is a part of the charge.
Accordingly, the defendant's 1,00 won, which is the remainder of the charges, was set off on the back of the back by open door, and the defendant was able to get off the victim's 1,000 won, and the victim was assaulted by 10 meters of the victim's breath by hand.
As a result, the Defendant inflicted an injury on the victim on the strings of the left-hand plekele that requires two weeks of treatment, and on the strings of both the shoulder and the arms.
2. The lower court acquitted the Defendant on the facts charged in the instant case on the following grounds.
The Defendant consistently denies the fact that the victim was unable to flee at the time and place specified in the facts charged from the investigative agency to the court, or that there was no injury to the victim.
As evidence corresponding to the facts charged in this case, there are statements in the victim's investigative agencies and courts, the certificate of injury, the photographs of damaged parts, and the voice recording files of 112 reported.
First of all, the victim stated in the investigative agency and court that the victim was breading the victim's breath and breading the victim's breath. However, at the time of the above statement, the victim was under the influence of alcohol, and was diagnosed by the hospital seven days after the victim was accused of the injury.