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(영문) 춘천지방법원 2015.08.26 2015노509
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.), there was a knife, but there was no fact that the knife knife and the victim was threatened with the victim. 2) As to the violation of the Punishment of Violence, etc. Act (a collective action, deadly weapon, etc.) on the punishment of mental and physical disorder, the knife had been in the state of mental and physical disorder or mental disorder due to the knifeing action while

3) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, confiscation, and collection are too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the victim reported the defendant to the police station on the day of the occurrence of the instant case, namely, the victim took the kitchen knick, and stated that the victim threatened the victim. The victim's statement is reliable because the victim's statement is consistent and detailed in the main part at the time of the crime, and described in the part that is difficult to express if the defendant's statement is not directly experienced about the contents of the defendant's statement, the form of intimidation, etc. at the time of the crime, and all of the facts charged in the court of the court below, and the defendant led the confession in all of these facts charged in the court of the court below. In light of the above circumstances, the defendant could sufficiently recognize the facts that the victim threatened the victim by taking the kitchen knick, as stated in the judgment of the court below, because there are no special circumstances to suspect the credibility of the confession.

B. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical argument, the Defendant raises objection.

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