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(영문) 대구고등법원 2015.11.05 2015노103
강간상해등
Text

1. The part of the judgment below against Defendant A (excluding the part of the compensation order) shall be reversed.

2. The defendant A’s decision is No. 3 and No. 3.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (Defendant A) and his defense counsel stated the grounds for appeal on the second trial date of the trial of the political party as only stated in the supplementary statement of reasons for appeal as of April 13, 2015, and the above supplementary statement of reasons for appeal contains the following facts: (a) Violation of the Punishment of Violences, etc. Act (joint confinement); (b) Violation of the Punishment of Violences, etc. Act (injury to group, deadly weapons, etc.); (c) rape injury, attempted rape, violation of the Attorney-at-Law Act; and (d) violation of

Nevertheless, the above defense counsel asserts that the facts charged in the forgery of private documents and the uttering of private investigation documents submitted after the closing of argument are that since Defendant A prepared a mobile phone service new contract in the name of H with the permission of H and opened a mobile phone, it does not constitute forgery or use of the above documents. This is not a legitimate ground for appeal since it was submitted after the deadline for submission of the grounds for appeal has expired.

Even if the above assertion becomes a legitimate ground for appeal, the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below and the trial court (i.e.,: (a) Defendant A established a siren corporation from the investigative agency to the court below to the court below, and made an investment in trust money by again selling the vehicle purchased in the name of the corporation without transferring the name of the vehicle purchased in the name of the corporation; and (b) Defendant A sent a copy of his identification card by facsimile without prejudice to not giving investment profits unless the Defendant A sent a copy of his identification card at the time of the crime; (c) Defendant A sent a copy of his identification card by facsimile; (d) Defendant A received text messages that he opened a mobile phone in his name; but Defendant A did not take any particular measure on the wind that she was able to contain a large amount of investment earnings.

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