특수폭행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, the Defendant did not pay a warning to the misunderstanding of the fact, but did not have any motive for committing a crime because he had an aesthetic mind on the fact that a traffic accident could have occurred due to his mistake, instead of paying the warning to the misunderstanding of the victim.
In order to avoid a collision with the vehicle approaching the right left at a distance, the defendant, who had to promptly arrive at the destination at the time, was moving ahead of the vehicle of the victim who did not make a right-hand without any particular reason from the distance to the port, and was down by the right-hand turn to the right-hand left-hand turn, in order to avoid a collision with the vehicle approaching.
Therefore, the defendant did not have any intention to commit special assault against the victim.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The judgment of the court below is based on the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① at the time of the instant case, the victim was engaged in the right-hand turn vehicle at the right-hand turn, taking into account the left-hand vehicle at the time of the instant case, and there was no fact that the victim stopped as alleged by the defendant. ② The victim continued the vehicle from the time of the victim's entry to the time of the right-hand turn to the right-hand turn before the right-hand turn, and thus, the victim seems to have been forced to drive the vehicle as above. ③ However, although the Defendant continued to drive the right-hand turn-hand vehicle at the time of the instant case, it is unreasonable for the victim to have continued to stop the vehicle at the right-hand turn, and ④ the Defendant did not interfere with the course of the victim.
However, according to video images, the defendant has almost 90 roads, plucks, and rounds on the left side of the victim's vehicle.