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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2018.03.16 2017노4436
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged in the instant case, intended to take a bath as stated in the facts charged, is inconsistent, but there is no threat or threat of the victim’s face by hand or by shouldering the victim.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of fact: ① in the lower court’s court, the Defendant interfered with the driving of the victim’s driver vehicle, and threatened the victim’s face.

The testimony was made (29,30 pages of the trial record), ② The victim made a statement to the same effect while being investigated by the police (13 to 15 pages of evidence), ③ The auxiliary police officer working at the early police station also at the police station witnessing to threaten the victim's drinking, as the defendant is serving.

In full view of the fact that the statement corresponds to the statement of the victim (39,40 pages of evidence), as stated in the judgment below, the defendant can fully recognize the fact that the defendant committed assault against the victim by threatening the driver's driver's knife of the victim as stated in the judgment of the court below, threatening the victim's face, threatening the victim's face, threatening the victim by shouldering the victim. Thus, the defendant's assertion of mistake is without merit.

B. In full view of the following circumstances: (a) the Defendant agreed with the victim at the lower court on the determination of the unfair argument of sentencing (33 pages of the trial record); (b) the Defendant did not separately pay the agreed amount (36 pages of the trial record); (c) the risk of the instant crime committed by assaulting the victim in driving was high; and and (d) other various circumstances that are the conditions of sentencing specified in the records and arguments, the lower court’s punishment is too unreasonable and unreasonable, and thus, the Defendant’s wrongful assertion of sentencing is without merit.

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