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(영문) 수원지방법원 2015.08.26 2014노7065
사기등
Text

Defendant

All appeals filed by the Defendants B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B 1) misunderstanding of facts (the violation of the Punishment of Violence, etc. against Victims H Act (the joint injury)) was committed by the Defendant against the victim H. However, there is no fact that the Defendant, as stated in the facts charged in the original judgment, assaulted the victim and inflicted an injury jointly with the Defendant A. 2) The sentence of unfair sentencing (the imprisonment with prison labor for the crimes No. 1 and No. 3 as indicated in the original judgment, six months as to the crimes, and one year as to the crimes No. 4 as indicated in the original judgment) is too unreasonable

B. Prosecutor 1) Comprehensively taking account of the evidence submitted by the prosecutor submitted by the prosecutor, the fact that not only the defendant A but also the defendant B has inflicted an injury by assaulting the victim E may be fully acknowledged. (B) The sentence of the court below against the defendants on the unfair sentencing (for the crimes No. 1 and No. 3 in the judgment of the court below, 6 months of imprisonment, 1 year of imprisonment, and 2 million won of fine A as to the crimes No. 4 in the judgment of the court below) is too uneasible and unfair.

2. The following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the Defendant B’s assertion of mistake of facts, namely, ① the victim H was investigated by the police immediately after the occurrence of the instant case, following the investigation conducted by the police, and considered that the Defendant was faced with her nose when she was faced with his her her son when she was towed to G, and her nose was exposed to her nose and her nose was displayed. After that, the Defendant 4-5 was 1 to 2-3 her face when her son was displayed.” After that, the Defendant 1 was examined by the prosecution and the Defendant she was assaulted to the extent of 4 persons.

It is the defendant that he knows clearly among those who have been at his own time.

It is reasonable for the Defendant to have been abused by the Defendant, and therefore, it is accurate and several times.

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