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(영문) 수원지방법원 2016.07.07 2015노7681
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, after obtaining D’s consent, affixed D’s signature and seal on D’s joint guarantor column of the instant contract after obtaining D’s consent, and even if so, there was no consent prior to the preparation of the said contract.

Even if the victim confirmed it later, the judgment of the court below that convicted the defendant is erroneous in the misapprehension of facts.

B. The punishment sentenced by the lower court (eight months of imprisonment, one year of probation, one year of protection observation, and one thousand hours of community service order) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal. Based on the evidence duly adopted and examined, the lower court: (a) consented to the use of one’s seal impression verification and seal in purchasing a company-use vehicle; (b) it appears that there was no agreement on the conclusion of the lease agreement for the said vehicle; and (c) it was ratified by the victim solely based on the agreement on the same business or the terms of the agreement between the Defendant and the victim on the instant vehicle lease agreement.

We rejected the above assertion on the ground that it is difficult to see it.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and the defendant's above assertion is not accepted.

B. The fact that D’s judgment on the unfair argument of sentencing has cancelled the complaint against the defendant and expressed an intention that the defendant does not want to be punished is favorable to the defendant.

However, the crime of this case was committed by the defendant without permission to sign and seal D in the joint guarantor column of the above contract to enter into the automobile lease contract. The crime of this case was committed in bad character, and all other conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, family relation, motive and circumstance after the crime, etc.

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