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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal seems to be due to the fact that the defendant, as a man, had been unable to concretely and accurately memory all the circumstances in a threatening situation where the defendant, while intending to take the victim's face by putting his hand on the window of the victim's taxi and cutting off his cell phone, and the core part of the victim's oral statement is consistent. The defendant's ex post facto relation or assault in the victim's statement seems to be difficult to help the victim in memory all the circumstances in a dangerous situation. The fact that the defendant, by putting his hand on the window, extracted the victim's taxi and extracted his cell image taken by the victim at the time, is consistent with the victim's statement, and that the fact that the video screen taken by the cell phone of the victim used by the victim at the time is urgent, is consistent with the victim's statement, and that the victim's body was narrow, and that physical conflict between the defendant and the victim was committed against the defendant. Accordingly, it is sufficient to recognize the facts that the defendant abused the victim.
The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. Determination
A. The Defendant in the instant charges is a driver who operates a private taxi.
On March 28, 2019, at around 04:50, the Defendant thought that he had been engaged in the business of making customers on the front of the road located in Jung-gu Seoul Metropolitan Government, despite the end of the personal taxi business hours, and found the victim D (e.g., 53 years of age) who has driven a corporation and operated the taxi in which he was driving. After driving the taxi on his own road, the Defendant used the victim's face one time by putting the car out with the window opened by the victim with the taxi driver's seat while driving the taxi.
B. The lower court’s judgment is solely based on the evidence duly adopted and examined by the Prosecutor, in light of the following circumstances.