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(영문) 창원지방법원 2018.07.12 2018노1102
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the charge of special intimidation among the facts charged in the instant case by mistake of fact, the Defendant cited excessive restriction, which is a dangerous object, and did not threaten the victim as in the item of the victim.

However, the lower court found the Defendant guilty on this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts: (i) the victim immediately reported to 112 immediately immediately after the instant report; (ii) the victim reported the Defendant’s knife and threatening (No. 42 of the evidence record No. 2017 order No. 3793), and (iii) the victim neglected the Defendant’s scambling at an investigative agency, such as intending to keep the Defendant from drinking alcohol and drinking alcohol; and (iv) the victim saw the Defendant as “from home” while having cut the horse in his own ward, and Daa, Daa, who had the Defendant cut the horse at his own ward.

The Defendant stated that 5 minutes threatened her life-sustaining body “this she had to see” (2017 order 3793 document No. 37 of the evidence record) and “in the court of the court below, the Defendant has cut her life-sustaining body while she has cut her knife and her knife.

“In the event that the Defendant was initially under investigation by the police at 12 times on the day of the instant case, he had consistently made a statement to the effect that he had done his behavior (7th page of the trial record), and (3) the Defendant was aware that he was aware of the victim’s behavior, such as the Defendant, the victim, and T, by drinking the alcohol by the time of the time of the victim’s death, and that he was aware of the fact that he had consistently made a statement to the same effect.

In other words, while drinking alcohol at AB’s house, there was no fact that knife had knifeed, the victim was slife at the N’s house and knife at the time of the second police investigation on the day of the instant case.

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