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(영문) 춘천지방법원 2016.07.21 2015노927
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not shock the front part of the victim’s ozone on the Defendant’s vehicle.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The court below pronounced guilty of the facts charged in this case. The court below's decision is acceptable in light of the following facts acknowledged by the evidence duly adopted and investigated by the court below, and there is no error of law by misunderstanding of facts.

(1) Since the statement of a defendant and the statement of a victim conflict with that of a victim, it is the criteria for determining whether there is objective evidence that conforms to either of the defendant and a victim.

The appraisal statement prepared by the National Institute of Scientific Investigation (N) of Oraltoba (CITI 110), which was driven by the victim, has been modified by shock, and the front harder, which was contacted with being pushed back by the cITI 110, has been damaged by shock, and Oraltoba's electric wheels has been difficult to enjoy, in light of the form and degree of the above damage, and is judged to be shocked by the vehicle during operation of Oraltoba when considering the form and degree of the damage.

On the other hand, the defendant found the victim's erroneous part that he had driven a vehicle in the court below and the court of the first instance, and it exceeded the victim's right to turn to the left.

As such, even if the defendant's statement is based on the defendant's statement, there was no other vehicle with a shock of victim's earth and sand.

I seem to appear.

If so, it is reasonable to view that the victim Oral Ba was shocked on the defendant's vehicle and damaged the front lab and the front lab. Therefore, credibility can be recognized in the victim's statement.

(2) The victim’s statement shall be made at the police investigation stage and the prosecution at the stage of the investigation as to whether the contact level of the defendant’s vehicle with the driver’s vehicle is the one preceding the driving seat or the one preceding the steering seat.

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