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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2012.11.01 2012노3111
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was not determined by the victim.

In light of the fact that the statement made by the victim at the court below is different from the investigative agency, and there is no reason to pass ahead of the I hotel that the defendant demanded a change of destination, and it is not easy for the defendant who was seated in the front seat to take the victim's left face into the driver's seat, it is difficult to believe the victim's statement as it is.

In addition, there is no reason for the defendant to wait for the victim, the fact that the defendant talks with the victim about the victim as the district, and the victim did not demand any compensation for damage.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the victim's statement is sufficiently reliable, and therefore, the defendant's assertion is not justified since the defendant's face in operation is sufficiently recognized.

① From the investigative agency to the court of the court below, the victim first demanded the defendant to set the apartment to the F hotel, change the destination to the F hotel back, and change the destination to the F hotel, and then change the additional fare of KRW 30,000 to the additional fare. The defendant agreed to bring about a dispute to the more KRW 10,000,000, and the victim also agreed to move the vehicle to the first boarding point in lieu of receiving money, instead of receiving money, the victim would move the vehicle to the first boarding point in lieu of receiving money. While he returned, the defendant made a statement that the victim would be sexual insult against the victim's mother, and explain the detailed circumstances of the case where the defendant was at the time of the victim's face.

2. There is no fact that the defendant has committed a crime against him/her, and the statement of the victim is the same as the grounds for appeal.

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