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(영문) 서울서부지방법원 2020.09.14 2020노349
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which convicted the defendant, although the defendant did not assault the victim as stated in the summary of the grounds for appeal, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

2. The court below rejected the above assertion in detail and found the defendant guilty of the facts charged of this case on the ground that the defendant alleged the same argument as the grounds for appeal of this case.

Examining the above judgment of the court below in light of the evidence adopted and examined by the court below and the evidence submitted by the defendant at the trial, the judgment of the court below is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, which affected the conclusion of the judgment.

The defendant's above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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