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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2014.09.25 2014노1338
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The accident of mistake of facts in the case of this case is that while the defendant driving a motor vehicle on the left side by driving the motor vehicle on the left side at the time, the victim D (hereinafter "victim")'s bus's driving is "A" in the process of resisting the victim by leaving the vehicle on the road along the defendant's driving route, and the victim's driving is "A" in the process of resisting the victim, and it was caused by a sudden operation of the bus before the bus by overtaking the urban bus and leaving the bus in front of the city bus. However, the court below found the defendant guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.

B. In light of the fact that the defendant deposited two million won for the victim of unfair sentencing, and that the defendant did not have any criminal record for the same kind of crime, the punishment sentenced by the court below (two years of suspended sentence in one and half years of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts reveals the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① The victim stated in the investigative agency that “At the time of the bus operation, the defendant stopped at the next bus stop in the future, and the defendant was given a window by opening up the bus and opened the window, and the defendant started driving the bus after completing passenger getting on and off the bus, and the defendant was driving the bus, and he intentionally caused an accident by entering the three-lane which is the bus driving lane, and ② according to the black box image installed by the defendant’s vehicle, the defendant expressed the victim’s desire to kid the victim’s bus, and the victim stopped his vehicle on the side of the bus stopping at the stop, and then the victim called “A” and “A” was called “A”, and the defendant was forced to start the bus again.

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