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(영문) 대전지방법원 2014.07.09 2013노2999
범인도피
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (De facto Error) held that Defendant B was the unemployed of the game of this case and Defendant A made a false statement that Defendant A was unemployed, and convicted all the facts charged of this case against the Defendants. The judgment of the court below is erroneous in the misapprehension of facts and adversely affected the conclusion of the judgment.

B. The prosecutor (unfairness) sentenced by the court below to the defendant (the defendant A: imprisonment with prison labor for 6 months and the defendant B: imprisonment with prison labor for 8 months) is too uneased and unfair.

2. Determination:

A. Examining the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below as to the Defendants’ assertion of mistake of facts, it is reasonable to view that Defendant B and D were offered for joint operation of the game of this case and operated together with the establishment and operation of the game of this case. The Defendants’ assertion against this is difficult to accept.

Therefore, the defendants' assertion of mistake is without merit.

1) During the police and prosecutorial investigation process, I continuously asserted that the unemployment share holder of the game of this case was himself, and only after being detained on November 22, 2012, I stated that "I was merely a branch office of the game of this case and became the head of the branch office of this case according to D, and D and Defendant B was the unemployment share holder of the game of this case." On the other hand, I stated that I made the statement to the effect that "I will be the unemployment share of the game of this case by Defendant A" in the prosecutorial office and court since then, all statements made to the effect that "I would be the unemployment share of the game of this case."

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