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(영문) 부산지방법원 2015.10.16 2015노1929
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of facts-finding, the court below found the defendant not guilty of this part of the facts charged, despite the fact that the defendant had sufficiently proven a dangerous article, and the victim had been threatened.

B. The sentence of the lower judgment on the grounds of unreasonable sentencing (the fine of 500,000 won) is too uneased and unreasonable.

2. Determination

A. Regarding the assertion of misunderstanding of facts, the lower court determined that G’s statement is difficult to believe as it is, in light of the following: (a) the statement made by witnesses G is inconsistent with the investigative agency’s statement; (b) the statement made by the investigative agency and the statement made by the court of the lower court are inconsistent with the victim’s statement; (c) there are parts that are inconsistent with the victim’s statement; and (d) there is a high possibility that the same person may make

In addition, the victim's statement concerning the victim's statement is not consistent with the police, the prosecution, and the court of original trial until the court below held that the victim's statement was not believed to be the victim's statement on the grounds that the victim's statement is reversed even about the circumstances that the victim reported to the police after two months from the date of occurrence of this case, the victim's statement does not coincide with G's statement, and the victim's statement is highly likely to make a false statement like G.

In light of the above reasoning of the judgment of the court below, the judgment of the court below that acquitted this part of the facts charged is sufficiently acceptable, and the prosecutor's allegation of mistake against this is without merit.

B. We examine the argument of unfair sentencing, even though there are many records of punishment for the defendant, and there are records of punishment for the same kind of crime (Fraud), the amount of damage is a small amount of damage, the agreement with the victims is reached, the defendant is in profoundly against the defendant, and the defendant is a defendant's depth.

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