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(영문) 서울북부지방법원 2013.05.09 2013노258
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding and misunderstanding of legal principles, the victim did not know that the victim was able to suffer from the injury, and did not know that the victim was able to suffer from the injury by driving the victim only prior to the damage, and did not have any intention to inflict injury on the victim.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination on the grounds for appeal

A. On May 5, 2012, around 06:40 on May 5, 2012, the Defendant: (a) discovered that he driving a three-lane road in front of the Seoul Northernbuk-gu, Seoul, by driving a Frighting car; (b) found the victim B’s unauthorized crossing from the front bank; and (c) sound the horn.

The victim sent the horn to the defendant while leaving the horn, but the defendant refused to leave the horn, the victim taken the vehicle of the defendant by the mobile phone, and the defendant tried to escape by proceeding other vehicles.

Although the defendant prevented the victim from driving his car and attached the right side part of the car, the defendant proceeded with the car as it is and let the victim go beyond the floor, and thereby, the defendant injured the victim, such as the right side chilling on the left side, which requires treatment for about six weeks.

B. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the court below and the court below.

(1) The Defendant, while driving without a license, stopped in one lane among three lanes, on the ground that the horn was used by the victim who was illegally crossing, and was forced to take the victim a bath and assault against the victim who tried to bring the Defendant into the vehicle.

(2) The victim is a police vehicle running a three-lane while photographing a vehicle into a mobile phone in front of the front of the Defendant’s vehicle and preventing the vehicle from being opened.

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