(영문) 수원지방법원 2018.02.08 2017노7856 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2018.02.08 2017노7856

공문서위조

Text

Defendant

All appeals filed by A, B and C and prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A and his defense counsel (unfair sentencing) recognized the error and against Defendant A, committed the instant crime upon B’s request, and there is no substantial benefit from the instant crime, the lower court’s sentence that sentenced Defendant A to eight months of imprisonment is too unreasonable.

B. Defendant B’s defense counsel (1) Whether Defendant B had a functional role share as co-offender or forged any form of official document, the facts charged is not specified, and there is no evidence supporting the facts charged.

Nevertheless, the court below found Defendant B guilty of the charge of forging official document, thereby misunderstanding the facts, thereby affecting the conclusion of the judgment.

(2) In light of the fact that there is a minor degree of participation by Defendant B in the crime and there is no benefit from personal acquisition, etc., the sentence of the lower court that sentenced Defendant B for 10 months of imprisonment is too unreasonable.

(c)

Defendant

In light of the fact that Defendant C’s defense counsel (unfair sentencing) recognized the error of Defendant C, there is no benefit of personal acquisition, not the lead of the crime of this case, and that Defendant C paid compensation for damage to victims in the original trial, etc., the sentence of the lower court that sentenced Defendant C one year of imprisonment is too unreasonable.

(d)

In light of the fact that each of the crimes of this case was committed by the prosecutor (unlawful sentencing, and with respect to the Defendants), each of the crimes of this case is committed by forging a building permit under the name of the Sungnam market, which is an official document of Defendant A and B, and by deceiving the victims a total of KRW 82 million using the above building permit forged by Defendant C and D, and that it is not appropriate to commit the crime, and that the Defendants committed each of the crimes of this case even though they had been punished for the same crime, they committed again even though they had been punished for the same crime, etc., the Defendant A was punished by imprisonment for eight months, 10 months, and 1 year, and

유사 판례

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