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(영문) 서울서부지방법원 2015.03.27 2014노1495
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant continued to operate a taxi without having the victim get out of the taxi fee and getting out of the taxi at the destination of the instant case, even though the Defendant did not get out of the taxi fee.

In this sense, the defendant was flicking down the right shoulder of the victim with his hand, and there was no fact that he was flicking off the part of the victim with his clothes flicked by his hand.

Therefore, the lower court found the Defendant to have abused the victim while taxi driving.

2. In light of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the defendant can be found to have assaulted the victim under driving, such as taking the victim's clothes from the following as stated in the facts constituting the crime in the judgment below, and taking the victim's clothes at once by hand. Thus, the defendant's above assertion is rejected.

(1) The victim consistently made a concrete and consistent statement at an investigative agency and the lower court that the Defendant took the face of the victim at one time in his/her hands.

② At the time of the instant case, the Defendant and the victim had a dispute on the grounds that the victim would drive the road back again, and that the victim would have to pay KRW 30 million basic fees to the Defendant.

(The defendant also recognized this part). However, there is no special circumstance to deem that the defendant was paid a full-time taxi fee by the defendant due to the change of the victim, disregarding the victim's demand for stopping and continued to operate the taxi. It is difficult for the victim to find reasons to make a false statement of assault.

③ Defendant also recognizes the fact that is under the right shoulder of a victim by hand.

However, the defendant is against his degree.

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