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(영문) 서울고등법원 2013.11.28 2013노2831
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty that the defendant had the right to be exposed to the victim, but did not contact the victim's face, and even if the victim did not have the victim's face, it erred by misunderstanding the fact and thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment, three years of probation, two years of probation, 80 hours of community service order, 40 hours of alcohol treatment lectures) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) the victim consistently states that the victim had the right face from the defendant one time; (ii) the passenger I and police officers stated in the court of the court below that the victim's oral drug is asked to the victim's right-hand boom at the time of the crime; (iii) the victim was diagnosed with the victim's face above the right-hand boom and bad boom; (iv) the victim was diagnosed with the victim's face on April 17, 2013; (v) the victim was restricted from the victim's right-hand face at the time of the crime; and (v) the victim's face was hard to be seen as the victim's face at the time of the crime; and (v) the victim's face was exposed to the victim's act of assault after the driver's seat at the time of the crime; and (v) the victim's face was exposed to the victim's face at the time of the crime.

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