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(영문) 서울서부지방법원 2018.08.23 2018노561
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Of the facts charged in the instant case, the point of special intimidation is.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was frightened by the victim K, obstructed the Defendant, thereby the Defendant stopped the lebane in front of the victim’s day and frightened the lebbage in the process. The Defendant only frightened the victim K in the process.

There is no fact that the defendant carried the victims into the Oral Seaba, received them, or laid a fitness.

B. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. We examine the assertion of mistake of facts.

이 사건 현장 근처 건물에 설치된 CCTV 영상에 의하면, 인도를 걸어가는 피해자 E 일행( 앞에서 피해자 E, J, 뒤에서 피해자 K과 L) 뒤에서 피고인이 오토바이를 타고 접근해 오다가 L의 오른쪽을 지날 때 피해자 K이 피고인을 알아보고 오토바이 쪽으로 붙었고 오토바이가 피해자 K 일행 쪽으로 방향을 틀어 한 번 멈췄다가 앞으로 조금 진행하다가 바로 멈춘 모습이 확인되고, 이후 장면은 사각지대로 확인되지 않는다.

Victim E made a statement to the effect that “the Defendant’s Oralone stops ahead of the victim’s right side to stop, again going beyond the victim’s K, and then going beyond the victim’s K,” and the victim K saw that “the Defendant’s act of listening and threatening to listen to the sounds coming behind the Oralone, going to the victim’s E, going to the right side, going back the direction while going to go back, going back to the direction while the Defendant was pushed back, and pushed down with the movement, and then the Defendant was shabing down with the bridge.”

The Defendant stated to the effect that he was “the Defendant, while he was scood and scood with he was on his hand.”

The victim J made a statement to the effect that “the victim K was faced with the direction towards the daily direction of the victim, appearing behind the right side of the road, and the Defendant was faced with the left hand, etc. as he was flick,” and submitted the damaged photograph and written diagnosis.

. The above.

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