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(영문) 광주고등법원 (전주) 2019.08.13 2018노260
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Recognizing the fact that the defendant abused the victim and inflicted an injury, the victim's vehicle at the time was stopped and was not in operation.

Nevertheless, the judgment of the court below which recognized that the driver of an automobile in operation assaulted the driver.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, three years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A. The first instance court also asserted that the Defendant had the same purport as the grounds for appeal in this part of the judgment of the lower court. The lower court, based on the evidence duly adopted and examined by the lower court, stated that: (a) the victim, at the time of having consistently been subject to violence from the investigative agency to the court of the lower court, he was taking a brash with brake at the same time; (b) the Defendant, as the victim was sent to the investigative agency at the exit of the D parking lot, was going to the police station; and (c) the Defendant, as the victim was going to go to the port of the D parking lot, went to the police station; and (c) the cargo vehicle at the time, stated that the victim was in a stop while driving the vehicle at the time of stopping; (c) although the victim stated that there was an exaggeration in the court of the lower court as to the degree of assault, it is difficult to view the victim’s intent to temporarily stop the vehicle at the time of operating the vehicle.

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