무고등
All appeals filed by prosecutors and Defendant B shall be dismissed.
1. Summary of both appeals;
A. Public prosecutor: Error of mistake of facts (as to the acquittal part of the judgment of the court below against Defendant A) and unreasonable sentencing
B. Defendant B: Unfair sentencing
2. Determination on the grounds for appeal
A. Examining the reasoning for the prosecutor’s appeal against Defendant A in light of the records and the reasoning for the judgment of the court below as to Defendant A’s in-depth accusation among the facts charged against Defendant A, the court below is justified in rejecting the credibility of the B’s statement on the grounds that there is no proof of crime, and then acquitted Defendant A of the entire facts charged concerning the non-guilty accusation including the part concerning “H” on the ground that there is no proof of crime. In so doing, there is no illegality of misconception of facts that affected the conclusion of the judgment.
The prosecutor's appeal disputing this issue is not accepted.
(2) As to the violation of the Passport Act, in full view of the following factors: (a) Defendant A’s confession and reflects on the crime of violation of the Passport Act; (b) the details and details of the crime; (c) the means and methods of the crime; (d) the circumstances after the crime; and (e) the age and occupation of Defendant A; (e) character and conduct; family relationship; and (e) economic aspects; and (g) various sentencing factors indicated in the arguments and records, the sentence of the lower judgment
Defendant
The prosecutor does not accept the prosecutor's allegation of unfair sentencing.
B. In full view of the developments and contents of the instant crime in determining the allegation of unfair sentencing by Defendant B (in particular, since Defendant B committed an additional crime, such as forging a private document, it cannot be deemed that punishment differently from Defendant A is contrary to equity), the means and method of the crime, the circumstances after the crime, the circumstances after the crime, and there is no special change in circumstances that may determine the punishment differently from the original judgment, and other various reasons for sentencing indicated in the instant argument and the record, including Defendant B’s age, character and behavior, family relationship, economic form, etc.