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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.05.14 2015노332
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have the victim's demand for excessive taxi expenses to get off the taxi under stop due to unfair conduct, and did not have the victim cut off his body because he did not let the string the string, and did not assault the victim, or did not have the intent to injure or damage the string the string of the string.

B. The illegality of the Defendant’s act is a justifiable act or a passive resistance act that is acceptable by social norms.

C. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances are consistent to the court below and the court below which can be acknowledged by the evidence duly adopted and investigated by the court below as to whether the defendant assaulted the driver of a taxi in operation and damaged the flag, i.e., ① the victim from the investigation agency to the court of the court of the trial: (a) the victim made a consistent statement to the effect that “the defendant was accompanied by NAS, etc. after putting up his/her boat, and NAS, etc., and the defendant tried to open and open his/her door while going on by the police station, and then tried to get out his/her door while trying to go up with it; and (b) the victim was present as a witness at the court of the trial and did not submit the black image at the time of this case; (c) the victim did not specifically make a statement as to the destruction of the black box without any difficulty in submitting the witness examination from the court of the court below to the court of the trial; and (c) the victim did not have any statement or evidence as to the process of investigation or trial as to the witness examination.

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