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(영문) 대전지방법원 2015.09.23 2015노1919
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court found the Defendant guilty of each of the facts charged as indicated in the lower judgment among the facts charged against the Defendant, and sentenced the Defendant to one year and six months, and dismissed the public prosecution regarding insult.

However, since only the defendant appealed against the conviction part of the judgment below and the prosecutor did not appeal against the dismissal part, the dismissal part of the prosecution in the judgment below became final and conclusive, and only the conviction part, excluding the part of the dismissal of the prosecution as to insult which became final and conclusive in the judgment below, is subject

2. Summary of grounds for appeal;

A. As to the facts constituting a crime of paragraph (2) of the judgment of the court below, the defendant did not go against the victim M only once without paying excessive damages, but did not use dangerous articles such as facts charged, and did not assault the victim. 2) As to the facts constituting a crime of paragraph (4) of the judgment of the court below, the defendant did not assault the victim, such as the facts charged.

3) As to the criminal facts of the judgment below, the fact that the defendant was provided with drinking and food and did not pay the price is acknowledged, but the defendant was not provided with drinking and food with the intention that the defendant would not pay the price from the beginning, and other two persons, including the defendant, first and last, did not pay the food cost. 4) As to the criminal facts of the judgment of the court below, as to Article 6 of the Criminal facts of the judgment of the court below, there was a fact that the defendant smoked tobacco while talked with somewhat large voice at the time. However, there was no fact that the defendant provided a bath or interfered with the restaurant business.

5) As to the crime No. 7 of the judgment of the court below, the defendant did not take a bath to X or interfere with the victim U U restaurant business. 6) As to the crime No. 8 of the judgment of the court below, the defendant was unilaterally assaulted by employees of WW Hospital, and the victim who is a hospital security guard.

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