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(영문) 서울북부지방법원 2016.12.23 2016노1598
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts or misunderstanding of legal principles, was automatically explosed with an oral explosor, employee, etc. in order to pay the explosive value in cash, and the police was dispatched to the police during that period, and did not have intended to pay the explosive value from the beginning.

The victim E did not take a bath.

Nevertheless, the court below which found the witness E guilty of each of the facts charged in this case with the belief of only the statement of the witness E, has failed to exhaust all necessary deliberations, and erred by misapprehending the legal principles

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination:

A. Comprehensively taking account of the evidence duly admitted by the evidence duly admitted to the argument of mistake of facts or misapprehension of legal principles, the victim E’s statement is reliable, and the defendant was provided with drinking, speech, etc. without the intent or ability to pay the drinking value in the victim E’s danran bar as stated in the facts charged, and the victim’s abusive intent to insult is sufficiently recognized.

The defendant's assertion of mistake or misapprehension of legal principles is not accepted.

B. There is no significant change in circumstances after the judgment of the court below on the assertion of unfair sentencing.

In light of all the circumstances asserted by the Defendant as the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if it is considered that the Defendant’s ground of appeal was unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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