logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.06.09 2015노2296
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the judgment below which found the defendant guilty even though the defendant did not assault the victim as stated in the facts constituting the crime as stated in the judgment below, which affected the conclusion of the judgment.

2. The victim C’s investigative agency and the court of the court below made a statement at the victim C’s investigative agency and the court of the court below that the defendant was assaulted by the defendant within the taxi while driving a taxi at the time specified in the charges of this case as a direct evidence of the facts charged.

The above statements made in the investigative agency and the court of the court below are consistent in the main part.

In addition, there is no special circumstance that one victim has been punished for perjury, made a false statement in court, and covered the defendant with a charge.

Although the victim's statement is not consistent with some parts of the victim's statement (the location of the seat where the defendant was seated, what was the assaulted hand, and the place where the si was located at the time of the assault), it does not seem to have reached the extent of rejecting the credibility of the statement.

Therefore, since the above statement of the injured party is reliable, the facts constituting the crime in the judgment of the court below against the defendant are sufficiently recognized.

Defendant’s assertion is without merit.

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. It is so decided as per Disposition.

arrow