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(영문) 창원지방법원 2014.12.24 2014노1998
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a crime identical to the entries in the facts charged.

(b) Because the reasons for appeal stated by the defendant are unclear, it will include the reasons for appeal against mistake of facts.

The sentence of unfair sentencing (two months of imprisonment, two years of suspended execution) of the lower court is too unreasonable.

2. Determination

A. 1) We examine the argument of misunderstanding of facts as to paragraph 1 of the facts charged. The following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e., the victim D, at the time and time point indicated in the facts charged, failed to remove the defendant because the defendant f head of the victim F was flicking and shaking the defendant, the defendant flicked with flicked with flick, and made a statement that he was flicked with flicking and flicking his face (Evidence No. 17-18 of the evidence record), ② The victim F was found in the restaurant at the time of the instant case and the name of the victim D and found D, and the victim F was found to have been aware of the fact that the defendant was flick with the victim F 2 of G 8 and flicked with the victim's face, and thus, the victim's statement and flickd with G 9 of G 2 of the facts charged.

The defendant's confession in the court of first instance differs from his/her legal statement in the appellate court alone cannot be said to be doubtful of the probative value or credibility of his/her confession. In determining the credibility of his/her confession, the contents of his/her statement of confession are as follows.

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