사문서위조등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. In preparing each of the documents of this case, such as “written security for tax payment” under L’s name, the Defendant did not have obtained L’s consent or consent.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court (4 months of imprisonment, 1 year of suspended sentence) is too uneasy and unfair.
2. Determination
A. According to the evidence duly admitted and examined by the lower court, the lower court found the Defendant not guilty of this part of the charges on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize that the documents of this case were forged, and that there is no other evidence to acknowledge otherwise.
After all, after comparing the above judgment of the court below with the records, the judgment of the court below is just and acceptable. Contrary to the prosecutor's assertion, there were errors in the misapprehension of facts which affected the judgment.
subsection (b) of this section.
Therefore, the prosecutor's assertion of mistake is not accepted.
B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant agreed with the victim solely, and the instant offense ought to take into account equity with the case where the judgment of the lower court becomes final and conclusive at the same time as the offense of this case is adjudicated.
The circumstances alleged by the prosecutor on the grounds of appeal are considered to have already been considered in the sentencing process of the court below, and there are no new changes in the court below’s punishment in the trial.