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(영문) 서울북부지방법원 2016.11.10 2016노1479

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the facts charged of this case.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if an assault against a defendant on an unreasonable sentencing basis is established, the lower court’s sentencing (one million won of a fine) is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the following circumstances acknowledged by the court below as to the assertion of mistake of facts, the court below duly adopted the evidence and recognized by the evidence and the evidence, namely, the victim's investigative agency and the court below's statements, which correspond to the facts charged of this case, are highly reliable and consistent, and the victim's images of the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's statement are consistent with the victim's statement and supporting the credibility of the victim's statement, the defendant can be recognized the fact that the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim'

Therefore, we cannot accept the defendant's assertion of mistake.

B. Although there are no circumstances to take into account the circumstances, such as the absence of the degree of assault on the assertion of unfair sentencing, the economic situation is difficult and support for family members, the crime of this case was committed even though there was a history of punishment of fines on several occasions due to the same kind of crime, the failure to agree with the victim, and the special circumstances or circumstances that can be newly considered in sentencing after the pronouncement of the lower judgment.