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(영문) 대구고등법원 2018.02.08 2017노488
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) while driving a taxi along the two-lanes, the Defendant changed to three-lanes in order to avoid the wind accident that the taxi driver of the victim who has driven a taxi into the two-lanes; (b) Defendant taxi was fixed on the side of the victim taxi waiting for the signal signal, and the victim was carrying the taxi in the taxi, and the victim was marked the vehicle number of the defendant taxi, and the victim got off the taxi at the taxi, thereby getting off the taxi and getting off the taxi again, the victim gets off the taxi, and gets on the taxi again gets off the taxi.

Accordingly, the defendant, after making a car into the front window of the victim taxi, put his hand into a hand, started with the defendant taxi, and did not inflict an injury by assaulting the victim.

Specifically, it is difficult to believe that the injury diagnosis report and photographs of the victim of the crime are not reliable.

In other words, there is an injury to the victim at least four face of the victim.

되어 있는데, 피해자를 바라보았을 때 상처 방향이 오른쪽 머리카락에서 왼쪽 눈썹 부위로 사선으로(↘) 나야 하고, 상처 모양도 아치형의 손톱 형태이 여야 하지만, 사진상으로 피해자의 얼굴 중 왼쪽 머리카락에서 오른쪽 눈썹 부위 아래로 사선으로(↙) 상처가 생겼고, 그 모양도 직선이다.

In addition, the victim cannot be injured for 4 military teams at one time, and the doctor who treated the victim can be injured by a number of times in the process of the victim's avoidance if the defendant was at the price of the wall.

However, the victim was tried to avoid.

There is no statement.

The statements made by the victims of war are difficult to believe it is.

In other words, the victim argued that he had been drinking twice on the day of the case, but after the 4th day of the case, in the police investigation, the defendant changed his statement to the effect that he had been faced one time due to the inspection and suspension of the damage, and at the time of the court of the original trial.

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