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(영문) 부산지방법원 2008.6.10.선고 2008고합174 판결
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Cases

A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.)

Defendant

A

Defense Counsel

Attorney Z (Korean)

Imposition of Judgment

June 10, 2008

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

On February 16, 2008, at around 04:47, the defendant was on board the back seat of the taxi driven by the victim B (the age of 37) in front of the defendant's house located in the Seocho-gu Busan Metropolitan City, and met C with a X center located in the Dong-dong in Busan Metropolitan City and was working for the defendant. While the above taxi was on the part of the defendant's house, even though the above taxi was on the part of the X center, the defendant was on the part of the defendant's house, the defendant was able to take a bath for the victim, and the defendant was on the part of the defendant's house, who was in possession of a glass hold of the taxi at the driver's seat, and was in operation bypassing it to the remote road even though the above taxi became on the part of the defendant's house, and suffered treatment of the el and the number of days of the el in progress by the defendant as ordered by the defendant.

2. Determination

The Defendant consistently asserted that, from investigative agencies to this court, the Defendant, under the influence of alcohol, had a knife knife knife knife in the newspaper while driving a taxi with the victim being driven by the victim and going to X center, and had a knife knife knife knife knife knife knife knife knife knife the victim.

Comprehensively taking into account the witness B’s legal statement, each police statement of the above witness and C, seizure report and investigation report (such as arrest) on February 16, 2008, the Defendant called the "C", which was under the influence of alcohol on February 16, 2008, and called the "C", which was a manager of the Busan East-gu X center, and called the "W" at around 04:13, followed by telephone again, about 20 minutes later, the Defendant 24:47 on the same day:4, the Defendant 1 was knife at his seat and asked the police center to leave the taxi, and the victim was able to know that he was under the influence of the victim at the time of carrying the taxi, and the victim was under the influence of the victim at the time of leaving the taxi, and the victim was under the influence of the victim at the time of leaving the taxi, and the victim was under the influence of the victim at the time of leaving the taxi parking lot without being able to find the victim's desire to leave the taxi.

According to the above facts, the defendant's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife at the knife knife knife at the knife knife knife knife, and knife knife knife knife knife knife.

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the

Judges

The presiding judge, the senior judge

Judges Nationwide

Judges Shin Jae-sung

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