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(영문) 부산지방법원 2017.05.11 2017노898

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the guilty portion of the judgment of the court below by misunderstanding the facts and legal principles, the part of the judgment of the court below that found Defendant 1 guilty of the crime of property damage: (i) the Defendant, while under the influence of alcohol, did not shoulder the glass window, or intentionally damaged the glass window; and (ii) the Defendant did not recognize that the content of the charge is contrary to objective facts at the time of receiving the written accusation; (iii) the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (one year and ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the defendant's assertion of misunderstanding the facts and legal principles, the defendant can be found to have damaged the part of the back glass of the restaurant by drinking and head as stated in the judgment of the court below. ② In full view of the evidence duly admitted and examined by the court below as to the crime of non-discrimination, the defendant did not have any statement that he killed a female without awareness by assaulting N against his non-discrimination and inserting it into the Marina and abandoning it into the Incheon tideland, as stated in the judgment of the court below, even though he did not have any such false statement, the defendant can be found to have reported the above fact that he did not commit N.

B. The Defendant’s wrongful assertion of sentencing by the Defendant and the Prosecutor is seriously against the Defendant, such as destroying property and denying intention without fault.

On January 30, 2015, the same year under the suspension of execution after being sentenced to two years of imprisonment with prison labor for a violation of the execution of public duties by fraudulent means, etc., and being subject to the suspension of execution.

5. 14. The same year upon being sentenced to one year by imprisonment with labor for a violation of the execution of public duties in a deceptive scheme;

9. 15. The suspended sentence was invalidated on September 14, 2016.