logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.06.10 2016노7
사기등
Text

The judgment below

Of them, the part of the 2013 Highest 306, 2013 Highest 325, 2013 Highest 114, 2014 Highest 755 is reversed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of this part of the facts charged, although the Defendant did not have committed a crime as stated in the facts charged, as to Article 1114 (1) through (4) of the 2013 High Court Order 1114, it erred by mistake of facts.

B. Of the facts charged by misunderstanding the legal principles, the U.S., upon the Defendant’s instruction, presented the welfare card for the disabled against T in relation to the unlawful uttering of the official document No. 5 among the facts charged by misunderstanding 2013 High Order No. 1114, which does not aim at confirming that the U.S. himself is a disabled person. Thus, the lower court found the Defendant guilty of this part of the facts charged, contrary to the misapprehension of the legal doctrine.

(c)

The sentence of the court below's unfair sentencing (the imprisonment of August and October) is too unreasonable.

2. Determination

A. Of the lower judgment, the part of the lower judgment and the part of the lower court’s judgment regarding the facts charged of the exercise of the said investigation document, which included the time and place of the crime in the first instance court’s order from 2013 to 306, 325, 325, 2013, 1114, 755, 1114, 755, 1114, 2014, 2013, 1114, 2013, 2013, 205, 2014, 205, 2013, 305, 205, 205, 205, 2013, 306, 2014, 2013, 205, 2013, 2013, 205, 2015, 205, 2015, 375, etc.

However, despite such reasons for ex officio reversal, the argument of misunderstanding the facts and misunderstanding the legal principles still are subject to the judgment of this court, and this is examined below.

2) As to the assertion of misunderstanding of facts, the lower court and the first instance court have duly adopted (as to the part concerning the certificate of automobile transfer among subparagraphs 1 and 2 of 2013 order 1114 order, and paragraphs 3 and 4).

arrow