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(영문) 의정부지방법원 2016.08.25 2016노1421

사문서위조등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

According to the evidence submitted by the prosecutor as to the summary of the reasons for appeal, although the defendant, as stated in the judgment of the court below, forged three copies of a direct non-agreement in the name of X, etc. as stated in the facts charged, and exercised this, and thereby deceiving the victim E Co., Ltd., thereby deceiving the victim E Co., Ltd., and defrauding them, the court below acquitted the defendant of this part of the facts charged, which affected the conclusion

The punishment sentenced by the court below (the punishment No. 1 and No. 2 in the holding: imprisonment with prison labor for 2 months, and crimes No. 3 through No. 7 in the holding): imprisonment with prison labor for 6 months and fine for 500,000) is too unhued and unfair.

Defendant

The above-mentioned punishment of the court below, which the court below decided against the defendant, is too unreasonable.

Judgment

The lower court rendered a not guilty verdict on the prosecutor’s assertion of mistake of facts in detail stating the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt about this part of the facts charged.

As such, the lower court did not err by misapprehending the facts alleged in the prosecutor’s assertion that found the Defendant not guilty of this part of the facts charged.

Therefore, prosecutor's assertion is without merit.

The crime No. 1 and No. 2 of the judgment of the court below as to the prosecutor's improper assertion of sentencing and the defendant's assertion is the crime No. 1 of the judgment of the court below, because the defendant's act of causing his employee to damage the credibility of the victim by posting false facts related to the payment of subcontract price of the victim F on the Internet homepage of the E-stock

The Defendant did not agree with the above victim up to the trial of the party, and did not pay wages to the workers of the crime No. 2 of the judgment.

In the past, the defendant has been punished twice as a violation of the Labor Standards Act.