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(영문) 수원지방법원 2013.07.25 2013노2431

위조유가증권행사

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misjudgmented the fact that the instant check was forged.

B. The Defendant was in a state of mental disorder due to drinking at the time of the instant body’s drying.

C. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the assertion of mistake of facts, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., (i) the Defendant was examined by the police as a suspect, and stated, “I have been given a loan to him due to an erroneous check. I have been sent. I have the honor to commit a crime. I have the Defendant himself on his own hand after the completion of the interrogation. I have stated, “I have sent the check to . I have been in the front place. I have sent the check to . I have been in the first place. I have been in the first place after I have been examined. I have stated. I have known that the check in this case is not valid, and that there is no room for the actual payment of the check, and therefore, I have known that I would like to pay the check in this case as if I would have paid a large amount of service charge to H, and that I would have presented the check in this case, not in the form of “e.g., passive reply,” but in the Defendant merely stated the above content of the check in this case.

(B) On the other hand, D stated that it was a check that payment has been suspended in the issuance of the check.) The argument is reasonable as to the principal and interest of the loans alleged by the Defendant, the sum total of the face value of Chapter 5 is KRW 50,000,000.