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(영문) 수원지방법원 2018.09.19 2018노2807
특수재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

one (No. 1), a knife (No. 1), and a knife (No. 1).

Reasons

1. Summary of grounds for appeal;

A. The court below acquitted the defendant of this part of the facts charged, although the defendant misunderstanding of the facts (as to the acquittal portion of the judgment below), knife and knife the knife and knife, and sufficiently recognized the facts of intimidation of the victim.

B. The sentence of the lower court that is unfair in sentencing (a prison term of eight months and confiscation) is too uneased and unfair.

2. Determination as to the prosecutor's assertion of mistake of facts

A. On October 30, 2017, the summary of this part of the charges is as follows: (a) on the ground that the Defendant was frighted from the victim D (41 tax) who was in Pyeongtaek-si C around 13:30 on October 30, 2017, and was released from the victim, and (b) on the ground that the Defendant was frighted from the victim’s “E Gameland,” the Defendant was frighted from the Defendant’s operation, putting about 30 cm (30 cm in total length) and approximately 15 cm in industrial kick (15 cm in total length) on the part of the Defendant’s operation on the part of the Defendant’s operation on the part of the victim, and as the victim was frighted on three occasions as the victim was frighted by the victim on the part of the Defendant, thereby threatening the victim by displaying the industrial kick kn that was frighted by the Defendant on the part of the Defendant.

Accordingly, the defendant carried a dangerous object, a knife and a knife, and threatened the victim.

B. The court below held that the witness F did not witness the victim's knife and knife his knife in the court of the court below.

The victim stated that the victim did not appear in the court of the court below and was unable to have the admissibility of the victim's statement in the investigative agency, and the remaining evidence submitted by the prosecutor alone that this part of the facts charged was proved without reasonable doubt.

It is difficult to see

Based on the judgment of the court, the facts charged were acquitted.

(c)

Comprehensively taking account of the evidence duly adopted and examined by the lower court and the trial court, such as the witness D’s legal statement of the party in question as the victim of the party’s deliberation, the Defendant cited both knife and knife at the time of committing the crime.

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