특정범죄가중처벌등에관한법률위반(운전자폭행등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In light of the fact-finding and the legal principles, each injury inflicted by a person who misunderstanding the facts or causing assault by the defendant as stated in the judgment of the court below cannot be deemed as an injury to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (motor vehicle assault, etc.) because it was merely an ordinary wound to the extent that it is possible to recover nature without any specific treatment or that it does not interfere with daily life, the court below convicted the defendant of the facts charged in this case on the ground that each injury in the judgment of the court below constitutes an injury to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (motor vehicle assault,
B. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to the use of a mental therapy (the use of a therapy for the symptoms of depression and uneasiness) and drinking.
(c)
The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the court below also asserted the same purport as the grounds for appeal, and the court below should consider the circumstances acknowledged by the legal principles of the judgment and the evidence duly admitted and investigated by the defendant, and it is reasonable to view that each injury suffered by the victim due to the defendant's assault as stated in the judgment of the court below constitutes the injury of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( driver's assault, etc.) as it damages the completeness or physiological function of the victim.
The court found the Defendant guilty of the instant facts charged.
Examining such judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable.