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(영문) 대전지방법원 2016.10.20 2016노1767
퇴거불응등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts did not comply with a request for withdrawal from the victim at the time of the instant case or assault the victim, but there was an error of law that affected the conclusion of the judgment by mistake of facts, which found the Defendant guilty of the facts charged in the instant case.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The judgment of the court below also asserted the same purport as this part of the grounds for appeal, and the court below found the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim consistently demanded several times to leave the house of the defendant, but the defendant made a statement to the effect that the victim did not get out of his house, and that the statement was specific and credibility because the defendant committed an assault by breaking the victim's head debt, (2) the victim's child on the day of the case was heard from the victim, and reported to the police to the same purport, and the police officer respondeded to the above purport from the victim and took part in the damaged part (No. 9 pages of evidence record), ③ the defendant was found to have been inside the victim's house to receive the victim's money by alleging that the victim was guilty from his father and the victim's fraud, and the defendant's statement to the effect that the victim and the victim were not able to have his head debted (no. 26).

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