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(영문) 서울북부지방법원 2019.05.17 2018노1873
도박
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (one million won of fine) is too unreasonable.

B. Defendant A 1) misunderstanding of facts (Assault and larceny) Defendant A did not assault the victim C or stolen 2.80,000 won, but there is an error of misunderstanding of facts in the judgment of the court below. 2) The judgment of the court below on the unreasonable sentencing (hereinafter “fine 4 million won”) is too unreasonable.

2. Judgment on Defendant A’s assertion of mistake of facts

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the court below's determination is just and acceptable, and there is no error of law by mistake of facts, such as Defendant A's assertion, since Defendant A has sufficiently recognized the victim's face at one time as stated in this part of the facts charged.

(1) The victims are consistently and consistently stated in detail at an investigative agency and a court of original instance regarding the overall situation at the EM point, a series of processes from the Defendant to the Defendant A subject to the assault, the degree and content of the assault, the horses and actions of the Defendant at the time of the assault, and the response of the victims to and after the assault, etc.

② The victim reported to the effect that, “after gambling, while gambling, she gets off money,” Defendant A and the victim reported to the effect that “I will come to her fore and cut off money.”

The reason for such a report is natural, and there is no reason to deem that the victim was unaware of the defendant A by referring to false facts.

③ 당시 상황을 목격한 B는 원심 법정에서 “피해자가 먼저 잘못한 것은 맞지만 피고인 A이 피해자의 얼굴을 쳤다.” “마음먹고 때린 게 아니라 엉겁결에 때리게 된 것이다.” “때린 것은 봤다.”라는 등 이 부분 공소사실에 부합하는 진술을 하였다.

④ Defendant A has become a victim of the loss of money due to gambling.

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