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(영문) 대전지방법원 2020.02.13 2019노3441

사기미수등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for a period of five months.

The judgment below

part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The Defendant’s assertion added by mistake of facts, the submission period of an unfair sentencing statement, and the Defendant’s written opinion on January 3, 2020, which was submitted after the submission period of the Defendant’s written opinion on January 3, 2020 cannot serve as a legitimate ground for appeal; and even if ex officio examination,

1) Although the defendant did not have forged a letter of borrowing, power of attorney, and each letter in the manner as stated in the facts charged, the court below recognized it differently and found the defendant guilty of all the charges against the defendant. The court below erred by misunderstanding of facts. 2) The court below's sentence of unfair sentencing (eight months of imprisonment) is too unreasonable.

B. The prosecutor 1) According to the evidence submitted by the prosecutor, including the prosecutor B’s statement, which corresponds to the facts charged in this part of which credibility is recognized, although it can sufficiently be recognized that the contents of the Defendant’s complaint, such as the statement in this part of the facts charged, are false, and the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous in misunderstanding of facts. 2) The sentence

2. Determination

A. The lower court rejected the Defendant’s assertion that there was no forgery of the loan certificates, power of attorney, and each letter of indictment on the grounds stated in its reasoning, and found the Defendant guilty of all the charges in this part of the facts charged.

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and there is no violation of law of misunderstanding of facts as alleged by the defendant.

Therefore, the defendant's assertion of mistake is without merit.

B. Prosecution's assertion of mistake of facts