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(영문) 서울고등법원 2018.12.05 2018노1702 (1)
변호사법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. On the first trial date, the Defendant and the defense counsel explicitly withdrawn the assertion of mistake of facts concerning the 2017 High 290 case among the grounds for appeal.

The court below erred by misunderstanding the following facts and affecting the conclusion of the judgment.

1) As to the criminal facts No. 1 of the 2017 Gohap478 case as indicated in the lower judgment, the Defendant had a fact that he met the I on January 18, 2017, but did not deliver or administer phiphones.

I’s statement is almost the only evidence to prove this part of the facts charged, and I provided that the Defendant informed the police of the crime of his narcotics and her wife of the philopon.

In mind, since the defendant made a false statement with respect to the defendant, such statement was made under particularly reliable circumstances.

As the defendant did not have the opportunity to cross-examine at the court on the wind that I died, I's statement cannot be used as evidence of guilt.

B. A. At the time of the instant case, U at the time of the instant case, there was no reason to leave the taxi to see the kidne, and thus, the credibility of the statement cannot be recognized.

2) As to the 2017 High 567 case as indicated in the lower judgment, the Defendant: (a) there was a fact that the Defendant met P on February 22, 2017 and April 9, 2017; but (b) there was no fact that the Defendant sold phiphones to P.

The statement of P, which corresponds to this part of the facts charged, is false in that the defendant did not resolve the methods, etc. to make the investigation of P, who is designated as a drug offender, and in particular, there is no reason for the defendant to act in dangerous manner to sell phiphones to P, who is the attention of the investigation agency, and the credibility of the statement is not recognized.

3) On July 15, 2017, the Defendant found U hospitalized in T hospital around 15, 2017 with respect to the 2018 Gohap 4 case as indicated in the lower judgment, thereby assisting U to discharge.

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