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(영문) 광주지방법원 2019.10.17 2019노6

재물손괴등

Text

The judgment below

All appeals filed by the defendant and prosecutor against convictions shall be dismissed.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. In full view of the evidence submitted by a prosecutor of mistake of facts, the Defendant changed the name to K Co., Ltd. (L Co., Ltd.) and “K” (hereinafter “K”).

In light of the fact that K had a cash custody certificate of KRW 750,00,000 issued by K prior to the transfer of all the claims against K, the bankruptcy claim registration statement was submitted along with the above cash custody certificate, asserting that K had a claim of KRW 750,00,000,000,000 issued by K during the bankruptcy procedure, but Q Q, who is the trustee in bankruptcy, sufficiently recognized the fact that K raised an objection and failed to commit this part of the facts charged, the lower court acquitted the Defendant of this part of the facts charged. The lower court erred by misapprehending the legal principles, and thus, the lower court’s sentence of unreasonable sentencing is unreasonable.

2. Considering the fact that the judgment of the court below regarding the conviction of this case is not well-grounded in the crime of this case, strict punishment against the defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake and reflects when it comes to the trial; (b) the Defendant agreed with the victim; (c) the Defendant has no criminal record of the same kind; and (d) the Defendant’s age, character and conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the Defendant and the prosecutor’s allegation are too heavy

3. The judgment of the court below on the acquittal

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.

Before the prosecutor's judgment on the grounds for appeal, the court below found the defendant not guilty on the ground that the prosecutor was not guilty.

1. As described in paragraph 1.