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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.06.01 2016노1922
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged of this case in the absence of the fact that the defendant, as to special intimidation, had the victim left the knife and knife the knife after the victim left the knife, as shown in this part of the facts charged. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court (one month of imprisonment, six months of confiscation) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court as a whole, based on the evidence duly adopted and examined at the lower court as to the assertion of special intimidation, namely, ① the victim made a statement at an investigative agency to the effect that “the Defendant inflicted an injury upon the victim’s face at around October 1, 2015, and reported the knife at the victim’s face immediately after leaving the knife and immediately after leaving the knife,” the statement is specific and consistent, and ② the Defendant also made a statement at the investigative agency and the lower court to the effect that “The Defendant knife the knife at the wall, although knife it was not satisfy,” and ③ the victim was aware of the victim’s face at the same time and knife at the investigative agency and the victim did not appear to have any special circumstance in light of the fact that the victim did not have any effect on October 1, 2015.”

Therefore, the lower court’s decision that found the Defendant guilty of this part of the facts charged is justifiable, and it misleads the facts.

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