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(영문) 서울서부지방법원 2013.10.01 2013노510
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that it is difficult to find the Defendant guilty on the grounds that it is difficult to recognize that the Defendant intentionally received the victim’s car, but the victim stated that there was a dispute between the Defendant and the victim in relation to the change of the vehicle from the investigative agency to the court of the court below. ② The Defendant start the Defendant’s taxi even though the signal, etc. was a red signal, and received the Defendant’s car by starting the Defendant’s taxi, and ③ the Defendant submitted the black stuff image installed in his taxi immediately after the instant case, but the above video contains only images from the day immediately before the instant collision, and it cannot be readily concluded that the Defendant did not interfere with the passage of the victim’s car or the change of the vehicle. In light of the fact that the Defendant intentionally received the victim’s car, the judgment of the court below erred by mistake of facts.

2. Determination:

A. In a criminal trial, the establishment of a crime must be based on strict evidence with probative value, which leads a judge to a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree of conviction, the determination should be based on the defendant’s interest even if there is suspicion of guilt.

B. According to each evidence duly adopted and examined by the court below and the trial court, the victim's car and the defendant's taxi were driven at a certain speed and stopped before signal lights. The victim's car was stopped at a first-lane, and the defendant's taxi was stopped at a second-lane, but the victim's car was stopped at a second-lane, but the victim's car was a red signal, and the victim's car was parked at a second-lane, and the victim's taxi was driven by the victim's taxi.

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