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(영문) 의정부지방법원 2017.09.28 2017노1893
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, C1) Defendant A, and C, on October 17, 2016, followed by the victim F with the victim F on the following day: (a) Defendant A and C had the Victim F, and immediately after the Victim F, she had the Victim F: (b) delivered the original coffee to the Victim F; (c) however, there was no fact that the Defendant C had the A-Wnnnnnnnn on the original coffee.

Like the same, Defendant A and C, on October 19, 2016, delivered a coffee to the victim L immediately after they had the victim L, but there is no fact that Defendant A and C did not go on a set-line on the coffee.

In addition, Defendant A and C did not have any string against the victim L on the same day during the same day with golf.

B) Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged in this case.

2) The punishment sentenced by the lower court to Defendant A and C (one year and six months of imprisonment, confiscation, and one year and six months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court to Defendant B (one year of imprisonment) is too unreasonable.

2. Determination

A. Defendant A and C argued that the lower court had the same purport as the misunderstanding of facts in the grounds for appeal regarding paragraphs 3 and 4 of the facts charged in the instant case.

As to this, the lower court rejected Defendant A and C’s above assertion by finding Defendant A guilty of all the facts charged of the instant case.

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error of misapprehending the facts and affecting the conclusion of the judgment.

Therefore, Defendant A and C’s assertion of mistake is without merit.

1) As to the Defendants’ crime of October 17, 2016, the victim F was present at the court of the lower court as a witness, and the Defendants appeared to feel that “the Defendants and the Defendants, on October 16, 2016, started to cast golf and embling drugs.”

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