사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
1. Summary of grounds for appeal;
A. Of the misunderstanding of facts [2014 Highest 359] case, there was no fact that the debtor Q Q made a proxy form in the name of the F in relation to the fabrication of private documents and the use of the above investigation document as of July 19, 2011.
[2014 Highest 562] In relation to the case, the Defendant had no intent to deceive the victim G, and had the ability to pay the fraternity to pay it with the time limit money.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. 1) The following circumstances are acknowledged according to the evidence duly adopted and examined by the lower court related to the charge of forging private documents and the crime of uttering of falsified documents as of July 19, 201. ① The Defendant confessioned all these facts charged in the lower court’s judgment. The Defendant cannot be found to be objectively rational, or contrary to or contradictory to other circumstantial evidence other than the confession. There is no evidence to prove that there is no reason prescribed in Article 309 of the Criminal Procedure Act, and there is no evidence to prove that there was a circumstance to suspect that the confession has no voluntariness or to have a reasonable doubt in the motive or process of confession. It is reasonable to view that the confession made by the Defendant is in accord with the truth and credibility. ② In addition, the Defendant’s civil litigation (Cheongju District Court Decision 2013No2968) between F and the victim, the mother of the Defendant, was not prepared by the lower court, and all documents related to the right to collateral security have been prepared by the Defendant, stating that the Defendant made all documents related to the evidence.
However, on July 20, 201, the following day after the date on which the mother of the defendant is described in the person liable for registration, and the debtor is the defendant and the maximum debt amount based on this power of attorney.