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(영문) 서울북부지방법원 2015.10.08 2015노1304

사기등

Text

The judgment below

Of those, the guilty part against Defendant A and B shall be reversed.

Defendant

A is a crime of paragraph 4(a) of the judgment of the court below.

Reasons

1. The court below's scope of trial in this case sentenced not guilty as to the violation of the Punishment of Violences, etc. Act (joint conflict) among the facts charged in this case, and sentenced not guilty as to each of the remaining facts charged. Defendant A, B and the prosecutor appealed as to the guilty part among the judgment below, and the prosecutor did not appeal as to the acquittal part, and the judgment of the court below's judgment's acquittal portion becomes final and conclusive separately as it is, the scope of trial in this

2. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles as to the fraud against the victim K in the No. 6 No. 1 in the annexed crime list No. 1 in the judgment of the court below. The victim K purchased a mobile phone on its own at the date and time, and at the place specified in the No. 6 in the annexed crime list No. 1 in the judgment of the court below for his use, and actually used it. Although there was no relationship with Defendant A, the court below erred by misapprehending the legal principles and convicted Defendant A of this part

B) In the case of indecent acts by compulsion against the victim K as set forth in Paragraph (2) of the judgment below, the victim K tried to call the chest of the defendant A at the time and place as set forth in Paragraph (2) of the judgment of the court below, and to call the sound of the defendant B, and there is only the enemy that S and the defendant C at the same place resisted them from, and out of, the victim K, and there is only the enemy that the defendant Gap left the victim K's joint arms and legs, and went out of, the victim K's joint with the defendant Eul, and did not commit an indecent act by force against the victim K. Thus, the court below erred in the misapprehension of relevant legal principles, and convicted the defendant A of this part of the charges by misunderstanding the facts and misunderstanding the facts, and by misunderstanding the relevant legal principles as to the public interest against the victim R as set forth in Paragraph (1) of Article 4 of the judgment of the court below (Attachment 2 of the judgment of the court below).