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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2015.05.28 2014노1822
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have committed an assault against the victim while driving a motor vehicle.

B. The sentence (two million won of fine) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Determination

A. On February 18, 2014, the lower court duly adopted and examined the following circumstances that can be recognized by evidence, namely, ① the victim, at around 07:42, at around 07:42, he/she arrived at a main apartment in the Dong-dong, Gangdong-gu, Seoul, where he/she was scheduled to board the defendant, and went slowly at the apartment complex at a speed of 5 km per hour within the apartment complex. The defendant, without any particular reason, stated that he/she opened a door of a cab working behind the victim's right side at one time without any specific reason. The statement is consistent with the investigation agency from the lower court to the court below, and is highly reliable, ② the victim was under influence at the time of the crime, and the victim did not have any reason to refuse to pay the victim charges within the first time after he/she was assaulted by the victim at the police station and the victim again within the second time before the date of the crime. In light of the fact that the victim did not have any other reasons, the victim's statement at the second time of the taxi at the lower court's trial.

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