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(영문) 의정부지방법원 2014.10.23 2014노1723
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (the fact of assault, insult, and violation of the Electronic Financial Transactions Act): The defendant has no record of provoking of D.

(2) The point of insult: The defendant was only required to attend after E, and has not taken a bath to H and I.

③ 전자금융거래법위반의 점 : 피고인은 2,000만 원을 대출받기 위하여 체크카드를 성명불상자에게 건넸을 뿐 위 체크카드를 양도한 사실이 없다.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous, which affected the conclusion of the judgment.

B. The lower court’s sentencing of an unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, 1) In light of the details and circumstances of the victim D's assaulted by the victim D's accused, and the fact that the victim's assaulted by the victim is highly reliable, the above argument by the defendant is without merit. 2) The victim's statement and each statement in the court of original instance are consistent with the situation at the time of the case and are highly reliable, and on the other hand, the statement in the court of original instance consistent with the defendant's argument is hard to believe as it is, considering the fact that E is hard to believe, considering the fact that the victim's insultd by the victim D's assaulted by the victim D, and that the victim's statement in the court of original instance, which corresponds to the defendant's argument, can be sufficiently recognized. Thus,

Even if a defendant issued a e-mail card to obtain a loan against the violation of the Electronic Financial Transactions Act, the defendant did not verify the other party's personal information and contact details, and it was unclear whether a loan can be received at the time, and whether a e-mail card can be returned, and in such circumstances, the defendant was returned e-mail cards.

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