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(영문) 서울중앙지방법원 2014.08.08 2014고정1176
폭행
Text

The defendant shall be innocent.

Reasons

Punishment of the crime

On November 22, 2013, 01:25 on November 22, 2013, the Defendant expressed that “this son, satisfy, satfy, and satfy,” the Defendant, who was able to go to the victim C (the 70-year-old) (the 70-year-old) who is the driver of the taxi operating from the stairs of the Handong-dong-dong, Seongbuk-gu, Seoul Metropolitan Government, without paying the fee, was assaulted by the Defendant at one time at the victim’s left satch.”

2. Determination

A. Although evidence consistent with the facts charged in the instant case includes C’s written statement, C’s statement among the police interrogation protocol of the Defendant against the Defendant, C’s legal statement of the witness C, and investigation report (112 reported details), the above evidence is difficult to believe as it is in light of the following circumstances.

1) While requesting a defendant to pay a taxi fee or pay a taxi fee from the defendant while entering the subway history in order to receive a taxi fee, the defendant was scambling with his own left side cambing that he will not pay a fake taxi fee, but the defendant again cam back to the entrance of the subway where he stops to pay a taxi fee after finding his cambling in the subway history. In light of the fact that the defendant did not demand the defendant to pay a taxi fee without paying a taxi fee, the defendant's statement that he would not pay a fake C, and that he did not unilaterally believe that the defendant would pay a taxi fee after finding the taxi fee from the subway history, despite the understanding that he did not demand the defendant to immediately pay the taxi fee, it is difficult for the defendant to unilaterally believe that he did not make a statement from the subway history, even though he did not explain that he did not pay a taxi fee.

3 C gets on a taxi in a state where the defendant was able to get on the taxi and ice on the taxi, and gets off the taxi fee accurately.

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