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(영문) 수원지방법원 2018.08.13 2018노2451
배임수재
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (guilty in the judgment of the court below) did not take part in the receipt of money and valuables, such as demanding F to provide money and valuables by telephone.

B. According to the evidence submitted by the prosecutor of the lower judgment, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though it was acknowledged that E received money and valuables from the prosecutor of the lower judgment, the Defendant offered a public offering, thereby adversely affecting the conclusion of the judgment.

2) The lower court’s unfair sentencing (a 1.5 million won in penalty) is deemed to be too unhued and unfair.

2. Determination

A. Although the judgment of the court below on the defendant's assertion of mistake of facts was the same as the above grounds for appeal, the court below rejected the above assertion on the grounds as stated in its reasoning, and found the defendant guilty of this part of the charges by integrating the evidences at its time. In light of the records, the judgment of the court below is just and acceptable, and there is no error of law by mistake of facts, such as the

The defendant's assertion of facts is without merit.

B. The court below rendered a not-guilty verdict on the prosecutor's assertion of mistake of facts on the ground that this part of the facts charged is a case where there is no proof of facts constituting a crime under the title of "not-guilty portion" as stated in the judgment. The judgment of the court below is just and acceptable, and there is no violation of law of mistake of facts

The prosecutor's assertion of mistake is without merit.

(c)

Further, in addition to the circumstances favorable to the defendant, such as the fact that the defendant denies the crime committed at the time of the trial and the fact that the defendant does not repent of the mistake, the amount of money and valuables received is not a large amount, and there is no record of criminal punishment, etc., the punishment of the court below may be aggravated in the trial.

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