(영문) 춘천지방법원 2012.12.12 2012노54 | 리걸엔진

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(영문) 춘천지방법원 2012.12.12 2012노54

공문서부정행사

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's pro-Japanese misunderstanding of facts was paid by the defendant who was not the defendant's identification card at the time of casino entry by the defendant, but the defendant's own identification card.

(b) B. to the effect of denying the criminal intent.

A mentally ill-minded defendant was in a state of mental disability due to the second disability at the time of committing the instant crime.

C. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it is sufficient to view that the Defendant committed the instant crime even with the knowledge that the Defendant had presented the said B’s driver’s license, which is an official document, to the effect that, as stated in the facts charged in the instant case, the Defendant illegally used his or her own identification card at the search site of the casino entrance in Gangwon-do, by presenting it 13 times throughout 13 times.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case cannot be said to be erroneous. Thus, the defendant's above assertion is without merit.

B. According to the records of judgment as to the claim of mental disability and the evidence duly admitted and investigated by the court below, the defendant is found to have a mental disability of Grade II, but the defendant seems to have suffered a weak degree of ability to discern things or make decisions at the time of the crime of this case. Thus, the defendant's above assertion is without merit.

C. We examine the argument of unfair sentencing, and there has been no criminal history for the defendant for the last eight years or more. However, the crime of this case does not include the nature of the crime and its criminality in light of the content, method, period, frequency, etc. of the crime.

Each of the above circumstances and circumstances.

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