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(영문) 부산지방법원 2016.11.24 2016노3120

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant does not leave the victim;

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., (i) the victim made a concrete and consistent statement about the circumstances during which the victim was assaulted by the Defendant after having arrived at the destination from the investigative agency to the court of destination, and (ii) the victim immediately after the occurrence of the instant case reported to the 112, and (iii) the Defendant was dispatched to the scene and was paying the taxi fee to the victim, the fact that the Defendant committed the assault against the victim as stated in the facts charged of the instant case

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error of law that affected the conclusion of the judgment as pointed out by the defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.