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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.08.10 2016노850
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is the fact that the defendant expressed a victim's desire to do so, but there is no assault.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the lower court fully recognizes the fact of assaulting the victim’s face who is driving a paper shopping bags, etc.

(1) The injured party is driving with the shopping bags that the accused was in custody.

As the investigative agency has consistently made statements from the investigative agency to the court below, there is no reason to suspect the credibility of the victim's statement.

② 피고인은 수사기관에서 처음 조사를 받을 당시에는 이 사건 공소사실을 전부 부인하다가 피해자와의 대질조사에서는 쇼핑백을 던지는 시늉을 하면서 엄포를 놓았다고

A statement was made to the effect that some of the facts charged are admitted.

(3) The loss of shopping bags held by the defendant is far away.

Although the defendant asserts that shopping bags containing Not North Korea were left in the victim's face, it would have left in the victim's face, it would not be inevitable that the victim's face remains in the victim's face because it could vary depending on the intensity and degree of price.

Therefore, the defendant's assertion of facts is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the costs of the trial shall be assessed against the defendant pursuant to Articles 191 (1), 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act. It is so decided as per Disposition.

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