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(영문) 수원지방법원 2016.11.23 2016노5558

위증교사등

Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (unfair punishment) of the lower court (two years of imprisonment, eight months of imprisonment, and two years of suspended execution) is deemed to be too uneasible and unfair.

B. The sentence of the lower court’s sentence against Defendant A (unfair form of punishment) is too unreasonable.

2. Determination:

A. The Defendant, even though he did not have the right to lease, was the original owner or the person who has the right to lease (the son’s father or the person who has been authorized to lease as the son’s relative or the son’s relative), and acquired the money from the victims who intend to borrow the money under the name of the lease deposit. The amount of the money acquired by the Defendant was not less than 180 million won, and the amount of the money acquired by the defrauded was

The crime of this case is very bad for committing the crime of this fraud, including the alteration and exercise of official documents, alteration and exercise of private documents, preparation of qualification-based private documents, and events, etc., and the crime of this case is committed by instigating false testimony related to the transaction.

Until the trial, agreement with the victims was not reached or the damage was recovered, and the defendant's economic situation seems to make it difficult to repay the damage.

On the other hand, the defendant recognized all of the crimes in the trial.

The defendant has four children who are working for the defendant.

The crimes of this case shall be determined in consideration of the equity in the case where the crimes of this case were judged together with the judgment of the court below.

In light of the above circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive and method of committing the crime, and the circumstances after committing the crime, the sentence of the lower court is too heavy or unreasonable, and thus, the allegation of unreasonable sentencing by the Defendant and the prosecutor is without merit.

B. We examine Defendant C with the sentencing conditions indicated in the instant case’s records and arguments and the reasons for sentencing of the original judgment. The prosecutor’s grounds for appeal are the reasons for appeal.