logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.10.31 2014노2588
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that the Defendant had committed a trial cost in the course of disputing the victim with the victim, the court below found the Defendant guilty of the facts charged in this case on the ground that there was no doubt about the victim, and there was an error of law by mistake of facts.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant was 5 times the rear body of the victim on the floor of the victim on the ground that the victim was getting on a taxi driving and driving the taxi in a tent, due to the above case, the victim was able to recognize the fact that the victim was able to fleep the victim's breath and down from the vehicle with the cab, and caused the victim's flick and flicked the face with the hand floor, which requires 7 days medical treatment. Thus, this part of the defendant's assertion is without merit.

B. In full view of the fact that the defendant denies the crime, did not recover from damage, the defendant's age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case, the judgment of the court below is deemed appropriate, and therefore, the defendant's allegation in this part is without merit.

3. 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. It is so decided as per Disposition.

arrow