logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.04.10 2013노2133
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of all the facts charged of this case in spite of the fact that there was no fact that the defendant acquired the alcohol value by deception, and that there was no assault by the victim F.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. (1) Comprehensively taking account of the evidence duly admitted and examined by the court below, ① the victim D was unable to receive the drinking value from the Defendant and his first executive B (hereinafter “Defendant, etc.”) on the date and time indicated in the facts charged in the judgment of the court below, and the victim D made a telephone contact to her husband F, reported 112 between F and the Defendant, etc.; ② D did not receive 90,000 won from the Defendant, etc.; ② in the course of claiming the drinking value, the Defendant, etc. committed an assault against F; the Defendant, etc. committed an act of assault between F and other customers, such as the police, the prosecution, etc., and the court of the court below; ③ On the other hand, the Defendant and B made a statement that 90,000 won was paid at the time of the police investigation with respect to the drinking value paid, but the prosecutor and the court of the court below also made a change in the contents of the testimony and the court below’s statement to the effect that it was inconsistent.

As above, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error of law of mistake of facts in light of the circumstances where the victim D reported 112 reports, the investigation agencies of the victims and the defendant, and the contents of each statement in the court below.

(2) The Defendant made a false testimony with D or F’s witness at the lower court.

arrow