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(영문) 의정부지방법원 2017.06.22 2017노758

특수폭행등

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The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal of this case: (a) the victim D’s driver of a bus owned by the victim’s new transportation (hereinafter “victimd bus”) posted the Defendant’s driver’s vehicle adjacent to the Defendant’s vehicle, and the Defendant’s vehicle was obvious to shock the border of the Indian seat.

The defendant tried to advance the damaged bus in order to resist this, and to change the bus line, and the accident is caused by the sudden victim D's high speed.

As such, even though the defendant did not intentionally cause an accident that does not intentionally assault the victim or damage the damaged bus, the court below found the defendant guilty of each of the facts charged of this case by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant entered the three lanes from the three lanes to the one lane, and the damaged bus driving the one lane above the center line in order to avoid the collision and immediately left the left, ② The defendant's driver's vehicle also has lost balance and left the left, ③ the defendant was faced with a dangerous situation due to a damaged bus.

I think that the accident of this case occurred in the course of the change of the vehicle, the accident of this case can be recognized in the process of the change of the vehicle.

According to the above facts, even if the defendant does not have the intention of planned conflict at the time, there was the intention of damaging dolusent assault that could not have been forced even if there is a conflict of vehicle with the damaged bus at least by threatening the damaged bus.

I would like to say.

Therefore, the defendant's assertion is without merit.

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