특정범죄가중처벌등에관한법률위반(운전자폭행등)등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. Public prosecutor: According to the statement and medical certificate of the court below rendered by the victim C (hereinafter "victim") of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the first judgment) in the court below, the victim made a mistake of facts against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the first judgment), the court below acquitted the victim of the fact that the victim was guilty of the injury caused by the driver's assault, even though it is obvious that the victim was suffering from a
B. Defendant: Unfair sentencing (the first and second original judgment) of the lower court (the first and second original judgment: June: April) is too unreasonable.
2. Before making ex officio judgments on prosecutor's judgment and Defendant's assertion, the court below decided to hold concurrent hearings on each appeal case against the judgment below. Since each of the offenses against Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and a sentence should be imposed. Thus, the judgment of the court below cannot be maintained any more.
However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court, and this is examined below.
3. Judgment on the prosecutor's assertion of mistake of facts
A. On October 22, 2014, at around 22:35, the Defendant: (a) taken the back seat of the victim C (the 56-year-old) driving in front of the 16 scenic village, Nam-gu, Incheon, Nam-gu, Incheon; and (b) took the left-hand turn from the training-dong village of the same city of Yeonsu-gu, Yeonsu-gu, Yeonsu-gu; (c) when the said victim went to the left-hand turn from the 3rd bank of the 3rd bank of the city of Yeonsu-gu, Yeonsu-gu; (d) took three times the back head of the victim’s right-hand head on drinking without any reason; and (e) took one time the victim’s right-hand head on drinking without any reason.
As a result, the defendant assaulted the victim who is the driver of a vehicle in operation, and up to 14 days.