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(영문) 서울북부지방법원 2016.09.23 2016노1514
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. Although the Defendant, misunderstanding the fact, prepared a real estate sale contract under the name of L, the Defendant did not exercise the real estate sale contract, and there was no fact that he exercised the contract.

B. The Defendant had weak ability to discern things or make decisions due to shocking impulses, depression, etc.

(c)

The punishment of the court below is heavy.

2. Determination

A. According to the evidence duly examined and adopted by the lower court on the assertion of mistake of facts, the fact that the Defendant forged a real estate transaction agreement with the aim of exercising his/her own re-defense, and that the Defendant exercised the real estate transaction agreement by presenting it to the main employee can be sufficiently recognized.

B. According to the evidence duly examined and adopted by the court below, the defendant was deemed to have received treatment from around 2008 due to shock disorder, depression, etc., but the defendant was found to have weak ability to discern things or make decisions.

subsection (b) of this section.

(c)

There is no significant change in circumstances after the judgment of the court below regarding the unfair argument of sentencing.

In light of the records of this case and the reasons for sentencing on the judgment of the court below, considering all the circumstances asserted by the defendant on the grounds of appeal, the sentence of the court below is heavy.

subsection (b) of this section.

3. Conclusion, Defendant’s appeal cannot be accepted.

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