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(영문) 대전지방법원 2013.06.19 2013노149

공문서위조등

Text

The part of the judgment of the court below and the judgment of the court of first instance concerning the Defendants is reversed.

Defendant

B Imprisonment with prison labor for six years;

Reasons

1. Summary of grounds for appeal;

A. Defendant B) misunderstanding of facts (the part of the judgment of the second instance) (the part of the judgment of the court below) by CI’s request, the Defendant took CG and CI into the way of Incheon, and participated only in the division of loans after obtaining a loan in the name of CI, and did not participate in other crimes, the court below convicted the Defendant of this part of the charges. The judgment of the court below is erroneous in the misapprehension of facts and affecting the conclusion of the judgment.

B) In light of all the circumstances, including the fact that the Defendant is against unreasonable sentencing (the first instance judgment) and the fact that the Defendant resulted in the instant crime according to the direction of Defendant F, the sentence imposed by the first instance court (five years of imprisonment, five years of confiscation) is too unreasonable. 2) In light of all the circumstances, including the fact that the Defendant C (F) is against the Defendant, and that the amount acquired by the Defendant through the instant crime is substantially six million won, the sentence imposed by the first instance court (one year of imprisonment, and confiscation) is too unreasonable.

3) In light of all the circumstances, such as the fact that Defendant D (unfair form of punishment) is against the Defendant, that the Defendant committed another person according to the orders of Defendant F, B, and C, and that the amount that the Defendant acquired by the instant crime is substantially eight million won, etc., the punishment sentenced by the first instance court (two years of imprisonment, confiscation) is too unreasonable. 4) In light of all the circumstances, such as the fact that the Defendant is against the Defendant E (unfair form of punishment) and that the Defendant discarded the security card during the instant crime, and that the Defendant left away from the crime, the punishment imposed by the first instance court (one year and four months of imprisonment, and confiscation) is too unreasonable.

5) In light of all the circumstances, including the fact that Defendant F (F) is against the Defendant and the fact that the current state of health is not good, the punishment imposed by the lower court (six years of imprisonment, confiscation) is too unreasonable. 6) Defendant G (F) is against the Defendant.