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(영문) 창원지방법원 2015.02.12 2014노1735
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of injury, the court below found the Defendant guilty on the ground that it is difficult to recognize causation between the Defendant’s assault and the Defendant’s assault and the Defendant’s 10-day left-hand scarb, and sentenced the Defendant guilty only for the crime of assault as indicated in the judgment of the court below, which is related to the crime of assault, but the victim C stated at the police immediately after the occurrence of the instant case that “the Defendant her flab face is cut off by having her flab and having her flab on the left side.” The above statement was not the purport of emphasizing the victim C’s her blab, but did not have a blab on the chest. In full view of the following: (a) the Defendant’s flabing the breath of the victim’s breath and may have a bladle with the victim C’s blab, the court below erred by misapprehending the facts that the victim suffered the above injury by the Defendant’s assault.

B. The Defendant (unfair punishment) sentenced by the lower court is too unreasonable as a fine of KRW 2.5 million is too unreasonable.

2. Determination

A. (1) On March 11, 2014, around 07:45, the summary of the facts charged by the public prosecutor’s assertion of misunderstanding of facts, the Defendant, on the ground that, under the influence of alcohol in the long-distance “componing tower” located in the so-called “componing tower” located in the so-called “comoning tower”, the Defendant got in a taxi driven by the victim C and escaped from the taxi on the ground that the victim C does not drive the taxi to a place that he

Accordingly, the victim C leeped the victim C's dubbage and face twice, and put the victim C's face on the left-hand chest box that requires treatment for about 10 days.

(2) The lower court’s determination as to whether the injury to the victim C on March 11, 2014 in the medical certificate of injury on March 11, 2014, namely, whether the left-hand chest in need of treatment for ten days was caused by the Defendant’s assault, and the victim C in relation to the Defendant’s assault.

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