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(영문) 인천지방법원 2015.06.12 2015노815
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal is that the defendant was sprinked with the victim's arms, and there was no violence against the victim.

2. In light of the evidence duly adopted and examined by the court below and the following circumstances acknowledged by the evidence, namely, ① the situation on the day of the original trial from the investigative agency to the court of the court below, and the circumstance and method of the defendant's assaulting the victim, and there are no particular contradictions or influences in the statement, and credibility of the statement is recognized. ② A internal investigation report prepared by the police agency stated that the defendant stated that the police officer "where he was waiting to undergo an investigation at the police station immediately after the case, he was blick at the time of the defendant's waiting to undergo an investigation, it is understood that the defendant expressed the act that he was at the time of blicking, and it is not understood that the victim's assertion has no meaning of the victim's assertion. ③ The victim stated the fact of damage to the police officer immediately after the case and explained it to the police officer after the date of the original trial, and the defendant's assertion that there is no doubt about the facts of the crime can be accepted as stated in the judgment below.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. The court below's decision and the court court's decision are delivered with the defendant by applying Articles 191 (1), 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act on the costs of lawsuit at the

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