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(영문) 서울북부지방법원 2014.05.30 2014노116
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is only the case where the defendant was punished by a dispute with the victim, and there is no fact that he was charged by the victim with the latter; and

2. The evidence duly adopted and examined by the judgment of the court below and the trial court and the following circumstances that can be recognized as follows: (i) the victim made a statement from the investigative agency to the court below to the court below that he was able to take a bath due to the issue of destination while the defendant was on board the back seat of the taxi operated by the defendant, and that he was able to take two times back the victim; (ii) the defendant made a statement to the effect that he did not memory the victim at the investigative agency, while he was under the influence of drinking 2 soldiers while he was under the influence of drinking bals, and that he did not memory due to his bale and drinking bals; and (iii) the police officer F's statement that investigated the defendant and the victim immediately after the occurrence of the case, the victim was punished for assault while reporting two times to the police officer from the beginning; and the defendant made an assault to the effect that he was able to recognize physical contact by denying the facts in contact with the victim before the police officer; and (iv) the defendant made a statement to the victim and the back of the defendant on board.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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