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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.04.29 2015노5774
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding: The Defendant does not have any fact at all when and at the time and place stated in the facts charged that the victim faces.

Therefore, the Defendant assaulted the victim as above.

The judgment of the court below is erroneous in the misapprehension of facts and adversely affected the judgment.

B. Sentencing: The sentence of the lower court (1.5 million won in penalty) is too unreasonable.

2. In full view of the following circumstances revealed in the evidence submitted by the Prosecutor regarding the assertion of misunderstanding of facts, the Defendant’s assertion of misunderstanding of facts is without merit.

She did not have any relationship with the victim as well as the ordinary defendant, and witness E, who appears to be a neutral position with the defendant and the victim first in the bus as stated in the facts charged, to the court, was consistent from the investigative agency to the court, and the defendant took the victim's drinking, thereby witnessing the fact that the victim's safety fell from the floor.

statement.

(B) (C) Even if the E gives testimony that the E is a face of assault before the investigative agency, and then the E gives testimony that the father is a face of the face immediately after the testimony is made in the court.

However, the above testimony showed that the context before and after the testimony and the purport of the interrogation, i.e., the prosecutor's examination of whether the defendant had committed a crime following the victim's back to the victim, and that there was a witness of a fact that the face fell away from the face.

When considering the fact that the defendant respondeds to the face during the cross-examination of the defense counsel who is asked for accurate assault, the defendant seems to have corrected the statement due to the death or mistake in the examination.

The victim made a somewhat exaggerated statement about the degree of assault;

Even if there is room to view, bus operation is due to the dispute with the defendant.

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