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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 춘천지방법원 2016.03.16 2015노1276
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, who is in danger of being aware of the fact, did not assault the victim by carrying a kitchen knife, which is a dangerous thing, the lower court erred by misapprehending the facts.

B. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the facts that the Defendant carried a kitchen knife, a dangerous article, can be acknowledged. Thus, the lower court erred by misapprehending the facts as pointed out by the Defendant, thereby adversely affecting the conclusion of the judgment.

shall not be deemed to exist.

(1) The Defendant: (a) sled knife a knife a knife a knife while riding knife a knife while riding knife a knife at a knife house; and (b) knife a knife a knife while knife a knife knife

Then asserts that it is not an assault against the victim.

However, the victim took the knife of the defendant from the time when the defendant first made a statement to the police officer dispatched to the scene of the crime of this case.

(2) The term "abdomination" means that

On the other hand, the defendant stated that he had a knife in his knife at that time.

In light of the fact that the police investigation was conducted on April 29, 2015 when three months have elapsed since the date of the crime of this case and that the defendant did not make detailed statements concerning the circumstances in which knife had been possessed, and that the police investigation was conducted on April 29, 2015, the above assertion by the defendant is difficult to believe as it is.

② If the Defendant simply fell away from the floor of the knife as alleged by the Defendant, T, along with the victim at the time of committing the instant crime, could not be known where the Defendant had a knife. However, the victim and T, even if they were to have a knife.

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