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(영문) 서울고등법원 2019.09.06 2019노1322
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

가. 피고인 1) 사실오인 및 법령위반 가) 특정범죄가중처벌등에관한법률위반(운전자폭행등)의 점 관련 피고인은 당시 버스에서 하차하기 위하여 교통카드를 카드인식기에 가져다 댔으나 인식이 되지 않자 피해자 C에게 그 이유를 물어보았음에도 피해자 C는 곧바로 버스를 출발시켰다.

The defendant is not aware of the card with the victim C, and the defendant's wife, who was driven by the bus at the immediately preceding stop, explained the reasons for it and explained it to the defendant's wife, and there was only a trace of the victim's arms or shoulder part, and there was no flabing or shouldering the plaintiff's C's flab, and the defendant's flabing of the victim C was made after the victim C stopped the bus.

In addition, since it can be naturally cured without any need to treat the case of a spambling, etc. of a victim C, it cannot be viewed as a "injury" under the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers).

Therefore, even though the defendant cannot be deemed to have inflicted an injury on the driver of a motor vehicle in operation as shown in this part of the facts charged, the court below's judgment which found the defendant guilty of this part of the facts charged has erred by mistake of facts and violation of

B. Inasmuch as there is no need to treat the two brain-dead sugars, heat ruptures, and duplicative salts of telegraph, etc. suffered by the victim B related to the point of injury, it can be naturally cured without any need to treat them, it cannot be viewed as “injury” under the Criminal Act.

In addition, in order for the victim B to find a ditch between the defendant and the victim C and let the defendant get off from the bus, the defendant was in possession of flobbial and flobial, and the defendant was in possession of flobials several times, and then the victim B was pushed off the body of the victim B once.

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