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(영문) 부산지방법원 2015.01.22 2014노3563
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the Defendant guilty of all the facts charged of this case in spite of the fact that the Defendant did not have committed a crime against the victim and rather, the Defendant unilaterally committed an assault from the victim, thereby affecting the conclusion of judgment.

2. The judgment of the court below is justified in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (a) the assault described in paragraph (1) of the facts charged and the bodily injury described in paragraph (2) of the same Article are specific and consistent; (b) the photograph of C taken on the day of the instant case also conforms to C’s statement; and (c) the injury diagnosis statement about C also conforms to C’s statement; and (d) even according to the results of the reproduction and listening of CD in which a voice file was stored in the court room, even if it complies with C’s statement, it can be seen that C continuously obsing the Defendant on the day of the instant case and continuously knew the situation of responding to C’s desire; (c) on the other hand, there is no evidence supporting the Defendant’s defense that there was no fact at all at the time of the instant case; and (d) it is difficult to view C’s explanation and the circumstances of the instant dispute or the Defendant’s speech and behavior after the instant case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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