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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for one year.
provided that this ruling has become final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Error of facts (the part concerning fraud in the original judgment) The Defendant made several stories from the time of the instant case that it is difficult for the Defendant to change the district unit plan because the instant G land was a natural green area, and the victim also knew of such circumstances and could resolve it through the same 2000 market, and the project of the instant case was conducted. As such, the Defendant did not have deceiving the victim, nor did the Defendant have the intent to commit the crime of
Nevertheless, the court below convicted the defendant of this part of the facts charged, and the judgment of the court below is erroneous in misconception of facts.
B. The sentence imposed by the lower court (two years of suspended execution for one year of imprisonment, two years of probation, and three hundred hours of community service) is too unreasonable.
2. Determination
A. 1) In light of the contents of the judgment of the court of first instance and the evidence duly examined by the court of first instance regarding the relevant legal principle principle, the principle of direct examination, and the principle of direct examination, the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is clearly erroneous, or the court of first instance recognizes the credibility of the statement made by a witness of the court of first instance on the ground that it is remarkably unfair to maintain the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance by taking account of the results of the first instance examination and the results of additional evidence examination conducted by the time of closing argument in the court of first instance, the court of first instance cannot reverse the judgment of the court of first instance on the ground that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is different from the judgment of the appellate court (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010).