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(영문) 서울북부지방법원 2017.08.18 2017노1142
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant misunderstanding of facts did not assault C when drinking, and there is no fact that C did not interfere with C’s internal security test.

Nevertheless, the lower court erred by misapprehending the facts charged, thereby making it erroneous for all of the charges to be convicted.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted in the court below's judgment as to the assertion of mistake of facts and completed the examination of evidence, in particular, according to C's testimony, photograph, investigation report (suspect specific) etc. at the court of the court below, the defendant abused C, a driver of a vehicle in operation, who was the driver of the vehicle in operation, by drinking the victim C, and sufficiently recognized the fact that the defendant caused the victim's

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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