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(영문) 서울고등법원 2014.12.18 2014노2835
간음약취미수등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts and scenarios (the acquitted part of the judgment of the court below (the innocent part) of the judgment of the court below) cannot be deemed to have obtained a valid consent of the victim as to the use of a motor vehicle by the defendant since the victim delivered the vehicle heat to the extent that the defendant could not consent or consent to the use of the motor vehicle. Accordingly, the defendant's act of using a motor vehicle by the victim constitutes a crime of unlawful use of motor vehicle. Nevertheless, the judgment of the court below which acquitted the above part of the charges of the crime of unlawful use of the motor vehicle is an illegal act by misunderstanding of facts or misunderstanding of legal principles concerning the crime of unlawful use of the motor vehicle. 2) The sentence of the court below (the guilty part of the judgment of the

B. On October 27, 2014, the Defendant submitted the appellate brief stating the phrase “the detailed circumstances of the case were written and tried differently from the facts,” but it cannot be acknowledged that the present result was the result that was made by himself/herself. Although it is difficult for the Defendant to understand that the victim was in a state of personnel in the influence of alcohol, it is against the legal responsibility and it is against the victim’s assertion of mistake.” The Defendant submitted the appellate brief stating the statement of grounds of appeal, namely, “The details of the case’s detailed circumstances were written and tried differently from the facts,” which may be interpreted as an assertion of mistake of facts. However, it is difficult for the Defendant to understand that the victim was in a state of personnel in the influence of alcohol, but it is against the Defendant’s assertion of this.

However, on November 11, 2014, the first trial of the court of first instance stated that “the defendant and his defense counsel appealed on the grounds of good faith” only, and the defendant stated that “the defendant has lodged an appeal on the grounds of good faith. all the criminal facts found guilty in the original trial, and the part which appears to be erroneous in the grounds of appeal shall be withdrawn.” The defendant’s assertion of mistake in the grounds of appeal on the date of trial

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