특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the judgment of the court below which found the defendant guilty of the facts charged is erroneous in erroneous determination of facts, although the defendant did not assault the victim while driving as stated in
2. In light of the circumstances acknowledged by the court below, such as the victim D and police officers F’s statement in the court below and the arrest of flagrant offender, etc., which were duly adopted and investigated by the court below, namely, the victim made a concrete, reasonable, and consistent statement from the beginning of the report to the court of the court below as to the circumstances and contents of the assault committed by the Defendant during driving, to the court of the court below, and the field circumstances observed by the police officer F of the dispatch police officer correspond to the objective circumstances at the time, and the victim immediately reported the victim’s assault to the Defendant and immediately dispatched to the scene and immediately arrested the Defendant as a flagrant offender, the fact that the Defendant committed the assault against the victim while driving can be sufficiently recognized.
Therefore, the defendant's assertion of mistake is without merit.
3. In conclusion, the defendant's appeal is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.