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The prosecutor's appeal is dismissed.
Reasons
The gist of the grounds of appeal is as follows: “The victim’s statement to the effect that he was faced with the face from the offender at the time of the instant crime, and that he did not have any money immediately after the assault was revealed to be the defendant. At the time of the instant crime, the blood trace was revealed to be the defendant. In light of the shape, location, the background of the instant case, and the same number of laws and records of the Defendant, etc., the Defendant’s victim could not ask the victim inside the instant taxi for any other circumstance than the assault against the victim, and thus, the lower court acquitted the Defendant of the instant charges, even though it can be recognized that the Defendant committed the instant crime, which affected the conclusion of the judgment by misapprehending the fact that the lower court acquitted the Defendant of the facts charged.
Judgment
Around 03:10 on January 13, 2010, the Defendant, along with one driver, who was under the influence of the victim C (the South and the 48 years old at that time) in a taxi operated by the victim C (the 48 years old at that time) in the vicinity of the Gwangjin-gu Seoul Special Metropolitan City.
When the Defendant heard the answer from the above victim to the effect that “I am going to the D Station” and the said victim “I am to use another taxi,” the Defendant expressed that “I am to the said victim “I am to the Dog, if I am to the Dogm, I am to the Dog, I am to the Dog?” and said, while I am to the Dogg of the said cab, I am to the above Defendant at the place where I am to the Dog where I am to the Dog basin.”
At the same time, the Defendant continued to cut off the instant taxi in the instant instant instant instant case, which had been placed between the driver’s seat and the chief of the steering boat, and repeated several times to put the instant taxi into the main machine of the Defendant, and committed assault by the Defendant’s elb, face, and head by taking the victim’s el, face, and head into consideration.
The defendant is the defendant at around 03:20 on the same day, Songpa-gu Seoul, where the taxi is at the destination.