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(영문) 서울서부지방법원 2013.07.04 2013노299

마약류관리에관한법률위반(향정)등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of one year.

seizure.

Reasons

Summary of Grounds for Appeal

Defendant

A (In fact, the Defendant, at the time of committing the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) (influences), took the kitchen in the vicinity of the kitchen house in the condition of psychological instability, and the victim tried to discover and take the kitchen knick, and the Defendant did not inflict an injury on the victim in the course of cutting the knife from the victim, and did not intentionally inflict an injury on the victim, the judgment of the court below convicting the Defendant of this part of the facts charged, which affected the conclusion of the judgment, is erroneous.

The punishment of imprisonment (four years of imprisonment) imposed on the defendant by the court below is too unreasonable.

Defendant

B (Unfairly Undue) The imprisonment (one year and six months) imposed by the court below on the defendant is unreasonable.

Judgment

Defendant

Comprehensively taking account of the evidence duly admitted and examined by the court below and the court below on the argument of mistake of facts as to A, the Defendant: (a) while having a sexual intercourse with the victim, he was frighted on the kitchen knife with the kitchen knife; (b) the Defendant demanded the victim to have the kitchen knife; (c) the victim refused to do so; (d) the victim knife with the kitchen knife; and (e) the victim called “the liquor tax only when knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k;