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(영문) 서울중앙지방법원 2015.05.14 2014고단6349
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On June 8, 2014, the Defendant: (a) around 11:50 on June 2014, the charge was accepted by the victim D (33 years of age) who was driving a rocketing cab from the Masari Twit-dong, Gangnam-gu, Seoul, Seoul, and the victim of the defect who tried to leave the scene on the ground that the accident was minor.

Accordingly, the Defendant took three times the speed of the above rocketing taxi and threatened it, and the victim continued to drive the above taxi in order to stop the front of the above taxi and followed the victim's growth with the front wheels of the above taxi.

As a result, the defendant used a dangerous object vehicle to set up the left-hand part of the victim requiring treatment for about two weeks, and the sprinked salt spons and the sponsed spons.

2. The victim’s statement and diagnosis letter is admissible as evidence corresponding to the facts charged in the instant case.

However, in light of the following circumstances, it is difficult to believe the victim's statement as it is, and it is not sufficient to recognize that the defendant had inflicted an injury with the front wheels of the taxi in such a way as to cause the victim's birth, etc. with the front wheels of the taxi, and there is no other evidence to acknowledge it.

① First, in relation to the fact that an intentional injury may be inferred, the victim stated that the Defendant, before disclosing the quith of the taxi, threatened the victim with the sound of the roof by undergoing X-cella.

However, in light of the fact that the passenger E who was on board a taxi stated that he was unable to hear the sound of the roof, and that the taxi of the defendant who was stopped at the time had maintained 700 stm continuously, even if based on the operation record book at the time, the victim’s statement that the defendant threatened the defendant by taking the vehicle X-gu method is difficult to believe.

(2) After a contact accident, the defendant and the victim are mixed with each other, the speech shall be made.

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