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(영문) 대전고등법원 (청주) 2019.06.20 2018노158
사기등
Text

[Reversal] Part of the judgment of the court of first instance, excluding the part of the application for compensation order, with respect to Defendant D and B, and 2.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts or misunderstanding of legal principles (Defendant C) only intended the police officers to arrest the Defendant, and did not assault the police officers despite the fact that the Defendant’s act constituted self-defense. Although the Defendant’s act constitutes self-defense, the lower court’s judgment convicting the Defendant of the facts charged against the Defendant was erroneous or misunderstanding of facts or misapprehending of legal principles, thereby adversely affecting the conclusion of the judgment. (2) The lower court’s punishment (i) Defendant D subparags. 1, 2, and 3 of the lower court’s judgment (defendants 1 and 3 of the lower judgment)

paragraphs 1 and 3-2

2 months of imprisonment for each crime of fraud, violation of the Punishment of Violences, etc. Act (Composition and Activities of Organizations, etc.), and 2-2 and 3-2 of the judgment.

Imprisonment with prison labor for each fraud of 3 to 10 :00 per annum of crime sight table, 1 year and 6 months, 2: 3-A of the decision of the court below.

8 months of imprisonment with prison labor, and No. 3-b of the ruling, for crimes and No. 6 crimes.

The punishment of Defendant B, Defendant B, and Defendant B (i.e., 6 months of imprisonment, ② 3 months of imprisonment with prison labor, and KRW 1.5 million of fine) is too unreasonable.

C) Defendant 2’s shape of the lower court (No. 2 of the board of directors)

Section 2-B of the Decision, 1 year of imprisonment, 2 years of suspended execution, and 2-B of crime.

The punishment of the court below (i.e., 6 months of imprisonment of the court below, 2 months of the court below, 2 months of the court below, 3 months of the imprisonment of the court below) is too unreasonable.

E) The Defendant C’s punishment (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable. B) The first sentence against the Defendant D and B (one year of imprisonment, two years of suspended execution, two years of suspended execution, two years of imprisonment, two years of imprisonment to Defendant B, and three years of imprisonment to Defendant D) of the lower court’s first sentence against Defendant D and B (with respect to Defendant D, B, Z, and A, respectively, and the sentence against Defendant D of the lower court is too unreasonable.

2. Determination

A. misunderstanding of facts by Defendant C.

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