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(영문) 서울북부지방법원 2017.06.23 2016노2292
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of all the evidence submitted by the prosecutor, such as the mistake of facts F and E’s consistent statement, and the circumstances where the Defendant had sufficient motive to prepare a certificate of severance from employment in F’s name without permission to receive unemployment benefits, the fact that the Defendant prepared and submitted a certificate of severance from employment in F’s name can be sufficiently recognized.

Nevertheless, the lower court erred by misapprehending the facts, thereby finding the Defendant not guilty of this part of the forgery of private documents and the exercise of the above investigation documents.

B. The sentence sentenced by the lower court is too uneasible and unfair.

2. Determination

A. Comprehensively taking account of all the circumstances properly stated in the lower court’s determination as to the assertion of mistake of facts, the evidence submitted by F’s investigative agency and the prosecutor, including the statement at the lower court, is insufficient to acknowledge the fact that the Defendant prepared and submitted the certificate of severance from employment of this case without F’s permission, and there is no other evidence to acknowledge

Rather, at least F’s implied permission was granted to the preparation and submission of a certificate of severance.

I seem to appear.

We do not accept the prosecutor's assertion of mistake.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

Examining the various sentencing conditions shown in the records and changes of the instant case, the lower court’s sentence cannot be deemed unfair, even if the prosecutor asserts on the grounds of appeal in light of all the circumstances alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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