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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2014.12.12 2014노1200
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles as to fraud 1) among the facts charged in the instant fraud, the Defendant did not deceiving the victims and obtain money from them, except for fraud against K and M. Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty of all the remaining facts charged of fraud. 2) Although the Defendant did not assault B, the lower court erred by misapprehending the remaining facts in recognizing the facts charged of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.).

Defendant assaulted B

This constitutes self-defense to defend B's improper assault.

Nevertheless, the court below erred by misapprehending the legal principles and finding guilty of the remaining facts charged.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. 1) Determination of misunderstanding of facts or misapprehension of legal principles as to the assertion of fraud, and the evidence duly adopted and investigated by the court below, all of the charges of fraud of this case are found guilty. Thus, the judgment of the court below which found the guilty guilty of this part of the charges is lawful. 2) Since the testimony of B and AD in violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) is consistent with this part of the charges since it was committed to the investigation agency and the court of the court below. According to the evidence duly adopted and examined by the court below including the above B and AD’s statement, and evidence duly adopted and examined by the court below, the defendant suffered injury to the victim by making a bend and back the hand of the victim, which was beyond the victim’s face, with the victim’s face.

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