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(영문) 서울고등법원 2020.11.11 2020노1249
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The “injury to sugar, etc., where there are no two or more open measures requiring treatment for about three weeks” suffered by the victim of mistake of facts, is not caused by the Defendant’s assault.

B. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant on the grounds of unreasonable sentencing is too unreasonable.

Judgment

A. 1) The judgment of the court below also asserted the same purport as the grounds for appeal in this part, and the court below rejected the Defendant’s assertion based on the following circumstances acknowledged by the evidence duly adopted and investigated. A) The victim, at the investigation agency and the court of the court of the court of the court below, stated in detail the situation at the time of the crime that “the victim first 3, 4 head from the Defendant first, 3, and 4 head from the Defendant, 2, and 3, and 4 were the cell phone later, and 3, and 4 were the cell phone,” and there was no reason for the victim to harm the Defendant.

B) On October 27, 2019, the victim was assaulted by the Defendant on October 27, 2019, and reported and investigated the case to the district unit belonging to the Incheon Western Police Station by leaving the Defendant to the si. On the same day, around 03:41 on the same day, the victim visited the emergency room of the G Hospital at x-ray and CT examination, and received medical treatment from the doctor. (C) on the same day at around 04:26 on the same day, the victim returned to the said hospital at around 04:26, and he returned to the hospital at around 3:0, and the head continued to go back, and thereafter, on October 30, 2019, after visiting the said hospital, the victim was issued a medical certificate to the effect that “the victim suffered from satch having no two common conditions open for treatment for about three weeks,” and the victim was additionally issued a medical certificate to prescribe a week.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the injury suffered by the victim is the defendant.

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