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(영문) 의정부지방법원 2013.09.12 2013노921

마약류관리에관한법률위반(향정)등

Text

The judgment below

The guilty part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violences, etc. Act (injury by a deadly weapon, etc.), the Defendant found the Defendant guilty of this part of the facts charged on the basis of the statements of N, C, and R, even though there was no fact that the Defendant sent a singing door and broken a glass window as stated in this part of the facts charged, the Defendant committed an error of mistake of facts.

B. The sentence of the lower judgment on unreasonable sentencing (two years of imprisonment, confiscation, additional collection of KRW 801,50) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) around 01:00 on April 5, 2012, B: (b) the Defendant expressed that singing service is not in mind within the “M singing practice room” on the second floor of the Ling Building in Yongsan-gu, Yongsan-gu; and (c) the Defendant singing-in-sing-in-sing-in-sing-in-sing-sing-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-s-in-in-s-in-s-ins-ins-ins-ins-ins-ins-ins-ins-ins-ins-ins-in.

B. Among the facts charged in this part of the judgment, there is each victim N, C, and R’s statement as evidence that the defendant has broken the glass door by putting a fire extinguisher, and therefore, the credibility of each of the above statements is examined.

First, ..