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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2020.03.26 2019노2518
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The judgment of the court below is reversed.

The crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, etc.) is committed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.)] cannot be deemed to have inflicted an injury on the driver of a motor vehicle who is "in operation" on the ground that the defendant stopped the victim at the time of assaulting the victim in the taxi operated by the victim B

The Defendant was merely a part of the Defendant’s arms and salvaging the Defendant in order for the Defendant to shoulder himself, and was unaware of the fact that the victim suffered from the skin disease, and the victim was not aware of the fact that the skin was sensitive. It is difficult to view that the Defendant was caused by the Defendant, whose hacks and the hacks were short at the time of the salvbing and the hacks.

Therefore, the Defendant cannot be deemed to have caused “injury” to the victim.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

B. The sentence imposed by the lower court [one and half years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.)] is too unreasonable.

2. Determination

A. On September 28, 2017, the summary of this part of the facts charged is as follows: (a) on the road near the long distance in Seongbuk-gu Seoul Metropolitan Government, the Defendant: (b) around September 11, 2017; (c) on the road near the long distance; (d) the victim B (a cab operated by the age of 65 was boarding as a passenger; (e) the Defendant was a destination; and (e) the Defendant, who was the victim, was in the above place at the destination; (e) shakings the Defendant, without any particular reason, who was driving on the left hand; (e) the Defendant was skeing the Defendant, who was the victim, on the left hand; (e) 4 consecutive parts of the victim’s shoulder was pushed down; and (e) the victim’s shoulder was tightly pushed up on two occasions with his hand; and (e) the number of days of treatment days in which the victim was under way to have the victim flow out his arms.

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