(영문) 서울중앙지방법원 2018.12.13 2018노2263

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(영문) 서울중앙지방법원 2018.12.13 2018노2263

사문서위조등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Summary of the grounds for appeal by the defendant - The sentence of the court below (6 months of imprisonment) against the improper defendant is too unreasonable.

B. In full view of the evidence duly admitted and examined by the court below as to the prosecutor’s grounds for appeal - misunderstanding of facts and 1) - In full view of the evidence duly admitted and examined by the court below, the defendant, despite the fact that the defendant deceivinged the victim G and acquired 50 million won by deception, he/she only acquired 28 million won.

The judgment of the court below is erroneous in finding facts.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the prosecutor’s assertion of mistake of the facts, the lower court acknowledged the fact that the Defendant deceiving G and defrauded KRW 28 million from G. However, it was proven to the extent that there is no reasonable doubt as to the Defendant’s defraudation of KRW 50 million, not KRW 28 million.

It is difficult to see it.

The court below has properly explained reasonable doubts that it is difficult to recognize that the defendant acquired 50 million won or more, and such doubts have not yet been resolved in the trial.

B. As to the unjust assertion of sentencing by the Defendant and the Prosecutor, the lower court’s punishment is reasonable in light of the following circumstances: (a) the method and method of each of the instant crimes; (b) the amount of damage; (c) whether damage was recovered; (d) the motive for the crime; (c) the circumstances after the crime; and (d) the age, sex, environment, and criminal record of the Defendant; and (e) the equity in the case where the judgment was rendered at the same time

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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