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(영문) 서울동부지방법원 2018.11.23 2018노1222
사문서위조등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not forge and use each document as stated in this part of the facts charged (as to the crimes committed by the Defendant: 2016 senior 4260 senior group), and there is no fact that the Defendant deceptioned the victim B as stated in this part of the facts charged, thereby deceiving the money.

B. The defendant asserts that the sentencing unfair (the defendant and the prosecutor) of the court below's punishment (one year and six months of imprisonment) is too unreasonable, and the prosecutor asserts that the court below's punishment is too unfasible and unfair.

2. Determination

A. In the lower court’s judgment as to the Defendant’s assertion of mistake of facts, the Defendant asserted the same as the above in the trial, and the lower court determined that this part of the facts charged was guilty by taking account of the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasoning of the instant case’s argument of unfair sentencing as to the Defendant and the Prosecutor’s argument of sentencing and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the grounds for sentencing asserted by the Defendant and the Prosecutor, and no special circumstance exists to the extent that the lower court’s punishment

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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