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(영문) 부산지방법원 2016.11.04 2016노2082

공문서변조등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

except that this judgment.

Reasons

Summary of Grounds for Appeal

Defendant

A misunderstanding of facts: The court below convicted the above facts by misunderstanding that the full amount of the loan, including the loan referred to in 202A, is considered to be the amount obtained by deceit, even though the loan referred to in 202A was not a legitimate security since the 2015 Highest 7510 paragraph 3 (a) was actually not a tenant.

Unfair sentencing: The sentence of the lower court (two years of imprisonment) is too unreasonable.

Defendant

B misunderstanding of legal principles or mistake of facts: Although Defendant B did not have conspired with Defendant A, the lower court found Defendant B guilty of the facts charged of this case by misapprehending the legal doctrine or misleading facts.

(2) On June 20, 2016, Defendant B sent a written notification of the receipt of the trial records on July 4, 2016, and entered only the misapprehension of legal principles in the statement of grounds for appeal submitted within the deadline for submitting the statement of grounds for appeal, and on July 20, 2016, Defendant B stated the grounds for appeal as the grounds for appeal on July 20, 2016. Accordingly, Defendant B’s defense counsel’s written supplementary statement of grounds for appeal submitted on September 1, 2016 and the grounds for appeal filed on the fourth trial date are subsequent to the deadline for submitting the statement of grounds for appeal, and thus, this does not constitute legitimate grounds for appeal. However, Defendant B withdrawn from the fourth trial date of appeal on the grounds of mistake of facts or misapprehension of legal principles. Defendant B’s withdrawal of the grounds for ex officio examination on the judgment of the court below on the grounds of appeal, and the grounds for appeal on grounds for appeal and the grounds for ex officio examination on the grounds for appeal from the fourth trial date are limited to ex officio examination on the grounds for appeal.