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(영문) 부산고등법원 2016.12.22 2016노465
마약류관리에관한법률위반(향정)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the part concerning special intimidation in the judgment of the original court) found Defendant 1 guilty of this part of the facts charged by deeming that Defendant conspired with Co-Defendant 1 and threatened the victim in excessive and knife with the decision of the court below, despite the fact that: (a) at the time and place specified in paragraph (2) of the facts charged in the judgment of the court below, the victim A had shown to the victim A, “us is in danger of doing dangerous work; (b) she has always been carrying the gun and knife; (c) there was no fact that he threatened the victim; and (d) there was no fact that Co-Defendant A has threatened the victim in knife with Co-Defendant A, the court below found Defendant guilty of this part of the facts charged; (b) there was an error of law that affected the conclusion of the judgment by mis

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted that there was no fact that Co-Defendant A conspired with the Defendant to threaten the victim in excess of or in knife of the decision of the lower court, and the lower court convicted the Defendant of this part of the facts charged on the ground that the Defendant conspired with Co-Defendant A on the ground that he could sufficiently recognize the fact that he threatened the victim by carrying excessive and knife, which is a dangerous object as stated in paragraph (2) of the facts charged in the judgment of the lower court, with the records and the arguments of the lower court and the lower court, the lower court’s judgment is just, and it does not seem to have any error as alleged by the Defendant. Accordingly, the Defendant’

B. On the argument of unfair sentencing by the defendant and the prosecutor, the court below and the party hearing are examined.

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