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(영문) 청주지방법원 2017.05.12 2017노26
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the point of special assault is.

Reasons

1. Summary of grounds for appeal;

A. Fact mistake - Special assault - According to the evidence submitted and examined in the instant case, it is recognized that the Defendant “the Defendant prices the part of the victim’s left head because he/she got her to be the victim.”

Nevertheless, the court of the court below sentenced the defendant not guilty of a special assault among the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence that the court below rendered unfair sentencing (six months of imprisonment) is too unfortunate and unfair.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor stated in the trial that the “spawn Byung” of the facts charged of special assault was changed to “spawn Byung,” and since this court permitted this, the judgment of the court below was no longer maintained.

However, regardless of the above reasons for reversal of authority, the prosecutor's assertion of mistake that is not contrary to the above is still subject to the judgment of this court, and thus, it will be examined differently in this regard.

B. As to the assertion of mistake of facts, (i) the summary of the facts charged of special assault part of the facts charged in the instant case is erroneous in the judgment of the court below, and the summary of the facts charged of special assault that the prosecutor appealed on the ground of misunderstanding of facts is as follows (Provided, That as seen above, the prosecutor tried to amend the indictment in the instance of the party concerned as a beer disease). On April 22, 2016, the Defendant: (a) at the E entertainment station operated by the victim D (n, 42 years of age) located in the Da (n, e.g., the victim D (n, e., the 42 years of age) with the victim and the payment due to the victim, and (b) at the E entertainment station, the victim’s left head part of the crime was collected to the victim.

The defendant carries dangerous things with the victim.

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