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(영문) 서울고등법원 2014.03.14 2013노4006

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not err by mistake of facts or by misapprehending the legal principles against the victim C (the 63 years of age) who was a bus driver in operation as described in the facts charged.

There was a little physical fighting in the process of making a port while the bus stops against the victim who operated the bus in a way different from the expected one.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. (i) On the grounds of its stated reasoning, the lower court found the Defendant guilty of having committed an assault against the victim as described in the facts charged, on the grounds that the bus stops at a place other than a bus stop for his expected destination, on the grounds of his refusal to stop, and on the grounds of the victim’s refusal to stop the bus at a location other than a bus stop, and determined that even if the victim temporarily stops the bus stop on the part of the Defendant’s act, it is deemed that the victim was deemed that he was standing on the part of the Defendant and stopped the Defendant’s act without standing on the driver’s seat, or temporarily stopped on the part of the defense to prevent the occurrence of a traffic accident, and that there was no hindrance to the establishment of the crime.

In light of the evidence duly admitted and examined by the lower court, the following facts are considered: (a) the victim’s statement is not only specific but also conforms to G’s statement and surrounding circumstances; and (b) the black’s image installed on a bus is as follows: (c) the victim’s flap, flap, flap, and flap, flap, which the Defendant flaped and flaped with a flap, and the victim with a flap, who was carrying a flap, flap, flap, and flap, while flaping the victim’s flap.