Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

가. 피고인 : 사실오인 운전자폭행의 점의 경우, 피해자는 차 안에서 폭행 당한 횟수에 대하여 일관성 없게 진술하였고, 피해자가 제출한 녹음 파일에도 피해자가 머리를 맞을 때 날 수 있는 ‘퍽’ 소리나 피해자의 비명 소리 등이 녹음되지 않았다.

In the case of injury, even though the defendant was in a state of inconvenience, such as wearing an auxiliary device on a bridge, walking with a stick, etc., at the time, the defendant committed violence by driving away the victim.

It is not consistent with the common sense that the defendant who is driving away or driving away by the victim is not faced with the defendant.

In addition to these circumstances, in consideration of the victim's fish tanks recorded in the above recording file, the back head from the defendant during driving.

It is difficult to believe that the victim's statement that he/she was assaulted by the defendant after getting off or getting off from the train is not trustable.

As above, the court below which found the defendant guilty of each of the above charges based on the victim's statement without credibility has erred in misunderstanding of facts.

B. Prosecutor: The lower court’s sentence of unreasonable sentencing (a fine of three million won) is too uneased and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the Defendant could recognize the fact that the Defendant inflicted an injury on the victim after assaulting the victim while driving the victim as stated in the lower judgment, leading the victim.

(1) A victim shall make a detailed and detailed statement from an investigative agency to an original trial on the details of an assault by the defendant during driving a vehicle from the vehicle to the court below, as well as on the details of the harm inflicted on the defendant after getting out of the said vehicle. The statements are consistent with the main contents of the statement.