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(영문) 서울남부지방법원 2018.07.19 2018노590
배임
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the instant sales contract was already cancelled on April 2016 as the buyer’s responsibility, not the Defendant, and thus, the lower judgment that convicted the Defendant even though the Defendant’s sale of the instant forest did not have any problem, was unlawful.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court rejected the Defendant’s assertion in the part on “determination of the Defendant’s assertion” in the second to fourth part of the lower judgment, which stated the reasons therefor in detail.

In light of the records and legal principles of this case, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

It does not seem that it does not appear.

B. There is no new circumstance or special change in circumstances that can be reflected in sentencing after the decision of the lower court on the unfair argument of sentencing is rendered.

The defendant had no record of criminal punishment since 2001, and there is no record of criminal punishment for the same kind of crime, etc. However, the defendant still denies the crime of this case and still does not seem to be contrary to his/her authenticity. ② Rather, with respect to the case of accusation by forgery of private documents, the Cheongju District Public Prosecutor's Office issued a non-prosecution disposition against the victim on February 15, 2017, and the defendant appealed against the defendant (the prosecutor), but the Cheongju District Public Prosecutor's Office of Daejeon High Public Prosecutor's Office dismissed the above appeal by the defendant on May 26, 2017, while the defendant again filed an application for adjudication with the Daejeon High Public Prosecutor's Office on January 2, 2018 (the Daejeon High Public Prosecutor's Office of Daejeon High Public Prosecutor) but the application for adjudication was also dismissed on January 2, 2018 (the circumstances are also very inappropriate for the defendant to the third party of the forest of this case.

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