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(영문) 서울동부지방법원 2018.06.29 2017노1709

유가증권위조등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of 2016 high-ranking 325 case, the Defendant did not have forged the current check since the Defendant was delegated by M with the right to issue the check and to supplement the check, and there was no fact that the Defendant issued the current check in the name of D Co., Ltd. in the case of 2016 high-ranking 765 case.

B. The punishment sentenced by the lower court (the imprisonment of 3 years and 6 months, fine of 30 million won) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant asserted the same as the above in the trial, and the lower court convicted all the charges of this part of the facts charged by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasons for sentencing indicated in the records of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition (Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, the defendant's appeal is dismissed in accordance with Article 25 (1) of the Rules on Criminal Procedure, and the defendant's appeal is changed to "three five million won" for the second half of the judgment below, "three five million won" for the second half of the 11th day, and "three five million won" for the second half of the 12th day.