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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구고등법원 2014.08.21 2014노281
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant by mistake of facts, as the victim’s face is sponsed by hand, but there is no fact that the victim’s face is sponsed by hand and drinking.

In addition, since the defendant did not know about the victim's face with hand and drinking, it cannot be said that there was an intention to damage property according to the accident of this case.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Aggravated Punishment, etc. of Specific Crimes). The defendant can sufficiently recognize the fact that he/she inflicted bodily injury on the victim by putting the victim's face at hand and drinking with the victim's breath, which is the bus driver in operation. Therefore, the defendant's assertion on this part is without merit. 2) If he/she finds the driver's breath of a vehicle in operation with respect to the intention of causing property damage, he/she can not properly operate the steering system or brake system by physical force in the course of his/her own power or defense, and thus, he/she could easily recognize the situation that the vehicle, etc. may be damaged due to such accident, and thus, he/she may also have sufficiently recognized the possibility of the damage of the vehicle at the time of the occurrence of the accident by the victim.

In addition, according to the evidence duly admitted and examined by the court below, the defendant, as a driver, dump of the victim's blap, and dump the victim's face at hand and dump the victim's face at seat.

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