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(영문) 서울서부지방법원 2013.05.16 2013노158
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

Although the court below acquitted the charged facts of this case on the ground that there is no proof of a crime, the court below rejected D's statement without reasonable grounds and erred by misapprehending the facts, which affected the conclusion of the judgment, even though D's statement is reliable and sufficient to recognize the facts charged.

Judgment

On March 10, 2012, around 22:30 on March 10, 2012, the Defendant: (a) taken the back seat of a F-si operated by the victim D (year 49) in front of the station located in Seodaemun-gu Seoul Metropolitan Government, and (b) taken the back seat of the F-si operated by the victim D (year 49) and deemed the Defendant to go to the Mapo-gu

In addition, at around 22:50, when a taxi passes ahead of the Seoul Mapo-gu Enterprise Bank, the defendant was the victim at the wind of "Ilwon-dong" and "Ilnwon-dong".

The Defendant assaulted the victim who is driving a vehicle in a way to walk the driver's seat on the back of the driver's side and walk the driver's seat on one occasion.

The lower court rendered a judgment on the following grounds: (a) although there are various statements (written statements, written statements, written statements, and written statements) as evidence as shown in the above facts charged, it is difficult to believe that each of the statements made by D is based on evidence Nos. 1 through 3; and (b) the remaining evidence submitted by the prosecution alone is insufficient to recognize the facts charged; and (c) there is no other evidence to acknowledge it.

① A statement was made to the effect that “A vehicle was satisfed on the way by side, with a view to having a view to having a view to the future by having a view to the future, and having a view to the shock,” and that “A vehicle was satisfed on the way by side, with a view to having a view to having a view to the future by having a view to the future,” and that “A vehicle was satisfed by having a direct margin before making a U-turn, and satisf by stopping after having been going to satisfed,” and that “In the court, satisfy

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