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(영문) 부산고등법원 2019.06.13 2018노715
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

but for three years from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. The cage of the cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cages

Nevertheless, since the court below judged that the defendant injured the victim, it erred by misunderstanding the fact and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts, the circumstance that the victim suffered from the crime of this case changes his/her physical health condition due to the crime of this case and has a disability in his/her living function, and thus constitutes the injury of the driver's injury resulting from violence. It cannot be said that it can be naturally cured upon the passage of time, even if no treatment is required or treatment is provided.

① At the time of the instant crime, at the time of the Defendant’s disposal of the victim’s right right side by drinking, salt was generated on the part of the victim’s right side, and according to the photograph and image of the victim’s box image-cape image installed inside the taxi, the Defendant appears to have sold the victim’s right side interest to a considerable extent.

In the case of the victim's body photograph taken by the victim at the time of hospitalization, there are red tracess on the right side of the victim's right side, and it is difficult to view that such body can easily occur in daily life.

(2) The victim immediately moves his/her wife to a new police box, and appealed for the victim's examination at the place of the police box, and returned home after the completion of the investigation.

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