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(영문) 서울중앙지방법원 2018.11.30 2018노2144
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

The Defendant, who misleads the gist of the grounds for appeal, did not assault the victim by plucking or plucking up the victim D's arms while driving.

The punishment of the court below (3 million won) which is unfair in sentencing is too unreasonable.

Judgment

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts, namely, the circumstance that the injured person was assaulted in the investigative agency and the court below, the form of assault committed by the defendant, and the defendant voluntarily accompanied by assaulting the taxi engineer at the investigative agency and the investigation agency.

In full view of the statement (25 pages of evidence record) and the fact that the defendant tried to drink to the victim (35,36,40 pages of evidence record) even after the police called up immediately after the case, the defendant assaulted the victim as stated in the facts charged.

It can be sufficiently recognized, and the defendant's assertion of mistake is without merit.

In full view of the fact that a victim of an unfair argument of sentencing wants to punish a defendant (18 pages of evidence record), the fact that there is no change of circumstances that may be considered in the sentencing after the judgment of the court below, and other circumstances that form the conditions for sentencing as shown in the records and arguments, the court below’s punishment is too unlimited and is not recognized to be unfair, and thus, the defendant’s wrongful assertion of sentencing is not justified.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit, and it is decided as per Disposition by applying Articles 191 (1) and 190 (1) of the Criminal Procedure Act with respect to the costs of lawsuit.

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