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(영문) 부산고등법원 2016.10.20 2016노527

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the judgment of the court below that the victim suffered injury by mistake of fact or misapprehension of the legal principle is extremely minor and does not constitute injury to the driver's injury, the court below convicted all of the facts charged in this case. The court below erred by misapprehending the legal principles as to the mistake of fact or injury, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below: (a) the defendant had taken care of the victim's flabbage, etc. using the circumstances as stated in the facts of the crime in the judgment below; (b) the victim's face was blick, face, face, blick, and blick, and symptoms were hard to properly punish the victim; and (c) the victim suffered bodily injury due to a change in the victim's health function, the victim was found to have taken care of the victim's flabage, etc. at the request of the doctor who was in ordinary school, and was issued a written diagnosis in the judgment of the court below (Evidence No. 27 of the evidence record); and (d) the victim suffered a bodily injury due to a change in the victim's body function due to the following circumstances: (a) the victim was flabing the victim's flabe at the victim's face; and (b) the victim suffered a treatment more than three times.

The defendant's assertion is so minor that it is not necessary to treat or can be naturally cured even if it is not treated. Thus, the defendant's above assertion is without merit.

B. The Defendant acknowledges all of the instant crimes.