(영문) 창원지방법원 2013.10.10 2013노1107 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2013.10.10 2013노1107

사기등

Text

1. The part of the judgment of the court below against Defendant B is reversed.

Defendant

B A person shall be punished by imprisonment for one year.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. As to the larceny of Defendant B (Defendant B and Prosecutor) on the ground that Defendant B had a cash of KRW 1,580,000 owned by the victim V in order to pay wages to the employees working in the instant parking lot, there was no intention of unlawful acquisition.

B) It was true that Defendant B used intimidation as a victim’s hand. However, Defendant B merely resisted the victim X to take photographs while she was her hand, and there was no fact that Defendant B took photographs from the victim X. Nevertheless, the lower court found Defendant B guilty of all of the theft and intimidation against Defendant B. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. In full view of the evidence submitted by the prosecutor against the Defendant A, the lower court can sufficiently recognize the fact that Defendant A deceiving the victim F, G, and H by deceiving the victim’s seal impression and the certificate of personal seal impression, and by using the above certificate of personal seal impression, the Defendant acquired the victim’s seal impression and the certificate of personal seal impression. (b) In full view of the evidence submitted by the prosecutor against the Defendants, the lower court can sufficiently recognize the fact that the Defendants conspired with the Defendants and interfered with the victim I and V’s duties.

Nevertheless, the court below found Defendant A not guilty on the ground that there was no evidence of a crime that the Defendants conspired to obstruct the business of the victim I and VI of the instant fraud, fabrication of private documents, or uttering of falsified documents, and the facts charged by the Defendants. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The sentencing of the lower court (Defendant B) is too unreasonable as the sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the evidence duly admitted and examined by the lower court regarding Defendant B’s assertion, Defendant B.

유사 판례

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