공전자기록등불실기재등
All appeals filed by prosecutors and defendants are dismissed.
1. The Defendant filed an appeal against the lower judgment on April 3, 2019. However, even if he/she was lawfully served with the notification of the receipt of the trial record on April 18, 2019, the Defendant did not submit the statement of grounds for appeal within 20 days from the date he/she received the notification of the receipt of the trial record. Moreover, the petition of appeal does not state the grounds for appeal and does not find any other reasons for ex officio examination
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal 1) With respect to the part of acquittal in the judgment of the court below on the misapprehension of legal principles, since the Defendant applied for registration of incorporation as if the Defendant was actually aware of the company which did not have any substance, the Defendant’s act constitutes “false report” which is the constituent element of the crime of false entry in public electromagnetic records, etc. However, the court below determined that the Defendant was not guilty on the premise that the establishment of the instant company was legally effective, and rendered a false report, thereby adversely affecting the conclusion of the judgment by misapprehending the legal principles, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
B. In light of the purport of the Supreme Court Decision 201Do19133 Decided February 3, 2017 and Supreme Court Decision 2017Do2429 Decided April 13, 2017, the lower court found the Defendant not guilty of this part of the facts charged for the same reason as indicated in its reasoning, the lower court’s determination on the assertion of unfair sentencing is justifiable. 2) Examining the lower court’s determination on the assertion of unfair sentencing in light of the circumstances unfavorable to the Defendant, and the circumstances favorable to the Defendant, the lower court sentenced 8 months of imprisonment, 2 years of suspended sentence, and 120 hours of community service.
Matters that are conditions for sentencing in the trial, in particular, the fact that the defendant recognizes all the crimes of this case and reflects his mistake, and that he actually obtains any benefit by committing the crimes of this case.