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(영문) 전주지방법원 2015.12.02 2015노1258
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Aggravated Punishment, etc. of Specific Crimes): The Defendant did not assault the victim in the taxi. 2) The Defendant did not commit an injury to the victim, but did not commit an injury to the victim.

B. Unreasonable sentencing: The sentence of the lower judgment (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) are: (a) the victim made a statement at an investigative agency as follows: (b) “The victim made his/her face at once in a taxi with his/her hands, and her head twice in a drinking,” (the eight pages of the investigation record), “The defendant made his/her back head once in a drinking, and her hand when her head was taken once in a hand,” and (c) “The defendant made her head once in the back seat at once in a drinking, when her head was taken at once in a son, and when her head was taken at once in a son (the investigation record 76 pages); and (d) the victim made a statement that his/her head immediately after the damage in this case was inflicted on the victim’s hand, and thus, the victim’s assertion that the victim’s head was consistent with the above victim’s head’s statement can be acknowledged as follows.

B. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below, it can be recognized that the defendant was injured by the victim's face by towing the victim's breath and pushing the victim's face toward the traffic signboard after being towed. Thus, the defendant's above assertion is without merit.

(1) The aggrieved person shall be the accused at an investigative agency.

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