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춘천지방법원 강릉지원 2018.10.18 2018노217

All appeals by the defendant and the prosecutor are dismissed.


1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts and improper sentencing) was frightened by the victim E, who was frighten in a usual friendly manner, and was frightened one time by her finger, and the chest was fright at one time by her finger, and there is no fact that the Defendant was her face with the intent of assault and her face walking.

In addition, due to the above behavior of the defendant, the injured person committed assault against the defendant and the bones of the defendant. When the defendant refused to reach agreement, if the injured person concealed money in order to put the defendant in a difficult situation, the defendant was stolen and reported to the police. The defendant did not steals the victim's wall.

Considering this point, the sentence of the court below (one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the lower court can sufficiently recognize that the Defendant committed assault and larceny against the victim E.

This part of the defendant's assertion is without merit.

(1) The victim from the investigative agency to the court of the court of the court below, "I am at the end of the drinking place, the defendant was faced with his/her face with his/her own ambl, and when the defendant faces his/her face, he/she is faced with his/her eye and is faced with his/her face.

Since then, there was a small room that a person was out of his ward while drinking alcohol with the defendant's reconciliation and divingd in the defendant's house, he was trying to go out of his house.

There is no wall-to-be "A"

“In addition, the Defendant sent the wall and card in turn, and 850,000 won in cash stored in the Republic of Korea were returned, and 230,000 won was returned, and the Defendant entered the toilet for about five minutes.

In addition, the defendant himself is "the same."