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(영문) 서울동부지방법원 2020.10.15 2019노1573
폭행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

A. The Defendant has no fact that spits or spits the victim with regard to the guilty portion of the original convictions.

However, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of judgment.

B. The judgment of the court below which acquitted the defendant of this part of the facts charged, despite the fact that the defendant was found to have left-hand turn in violation of the signal, is erroneous in the misapprehension of the facts.

2. Determination

A. According to the evidence duly adopted and examined in the judgment of the court below as to the defendant's assertion, when the defendant and the victim are arguinging and disputing a dispute within the real estate brokerage office of "D", the witness F of the court below, who witnessed the above dispute, stated to the effect that "(the defendant) spits spits spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spits." Considering the above witness'

B. On August 17, 2018, the summary of the facts charged is that the Defendant cross-section in front of Songpa-gu Seoul Metropolitan Government G (hereinafter “instant three-distance”) around 16:10 on August 17, 2018.

I) the car (hereinafter referred to as “instant vehicle”) from I to I.D.

(2) The lower court determined that the Defendant violated the traffic signal by making a left turn at the time of a red signal, despite having to turn to the left at the time of a green signal in the non-protective left-hand turn. (2) The lower court determined that the Defendant violated the traffic signal by driving the red signal.

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