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(영문) 인천지방법원 2015.06.12 2015노226
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with the consent of F and G, drafted a column for the guarantor of the marriage report.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made

(2) The lower court found the Defendant guilty of the facts charged in the instant case after having finished the examination of evidence on November 24, 2006 (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006).

The defendant's assertion is without merit, since it seems that maintaining the judgment of the court below on the credibility of the judgment is not significantly unfair.

B. In full view of all the sentencing conditions in the instant case records and arguments, the lower court’s punishment is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per

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