(영문) 수원지방법원 2017.12.08 2017노5437 | 리걸엔진

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(영문) 수원지방법원 2017.12.08 2017노5437

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) The Defendant, as a misunderstanding of the fact, was merely a driver of a vehicle to allow the injured person to stop a vehicle in operation at the time of the instant case, and was in contact with the victim's shoulder, and did not commit an act of breaking the victim's shoulder by drinking and selling, and even if so, there was a fact of assault.

Even if there was no intention of assault.

2) There is a fact that the defendant used the defense of a political party or the act of a political party assaults the victim.

Even if the injured party denies the defendant's request that the police officer take contact with the accident, the injured party's continued driving of the taxi in order to stop the cab, so the illegality is dismissed as a legitimate defense or a legitimate act.

3) The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable.

2. 1) Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the lower court as to the assertion of misunderstanding of facts, the Defendant could fully recognize the fact that the Defendant committed assault by making the victim 2 to 3 times with the intention of assault as stated in the facts charged in the instant case.

① The victim partially differs from the order of the day at which the instant case occurred, the point at which the Defendant started the assault, the detailed method of assault, the identification of the contact accident, and the statement between the investigative agency and the lower court on the recognition of the contact accident. However, following the arrival of the Defendant at the destination consistently known to the investigative agency and the lower court, the Defendant came to go as a matter of taxi charges, and the Defendant first fell under the neighboring district, and the Defendant went to open a door and opened a cab while moving to the district, and obstructed driving by interfering with the Defendant, such as taking hand and hand.

The statement was made (13, 15 to 16, the investigation records.

유사 판례

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-울산지방법원 2016.04.28 2015노1394

-수원지방법원 안산지원 2017.02.02 2016고단3580