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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2019.02.13 2018노1576
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles found a victim C while driving a Track and suspended a Track, and the victim was contacted with a part of the Tracker's Track and sited, and there was no fact that the defendant was pushed the body of the victim with the Track's Track as stated in the facts charged in this case, and there was no intention to assault the victim.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the circumstances in its reasoning that can be recognized by the evidence duly admitted and investigated by the court below, the defendant alleged that the judgment of the court below is identical to this part of the grounds for appeal, and the court below rejected all of the defendant's arguments on the ground that the defendant was aware that the defendant was committing an assault against the victim in the future while driving a track like the facts constituting the crime in the judgment of the court below, and at the time, the defendant could be deemed to have been driving the track even though he was aware that the victim was in front of the Track, and thus, the defendant could have been driving the Track with the Track.

According to the following circumstances that can be additionally recognized by the evidence duly adopted and examined by the court below, i.e., ① according to the CD images taken by the defendant at the time of the instant case, the defendant continued to drive a Tracter while driving the Tracter in the future, which can confirm the fact that the victim was pushed the Tracter to the victim by moving the Tracter to the victim, ② the victim is doing solar installation at the investigative agency, ② the victim is doing solar installation at the investigative agency, and the defendant prevents the access road to the lane and again prevents the access road again.

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