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(영문) 창원지방법원 2014.01.16 2013노1970
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The mistake of facts and misunderstanding of legal principles D (Death on December 25, 2012) had been able to express opinions or communicate even until December 15, 2012, which was after the marriage report on December 11, 2012; the F’s statement to the effect that D had no consciousness at the time was made is inconsistent; and the medical doctor H began examining D from December 18, 2012 due to the failure to properly know the state of D around December 11, 2012, and died without recovering food continuously after the surgery.

The fact that it is difficult to believe H’s opinion to the effect that it is, even if D was in the state of business capacity at the time of reporting the marriage, D lacks the intention of marriage.

In light of the fact that the defendant's report of marriage was made in accordance with the intention of marriage between D and the defendant at the time of the report of marriage because it is clear that D had the intention of marriage without any circumstance that D withdrawn the intention of marriage, and rather D had the intention of marriage continuously requested D to report the marriage, etc., the evidence submitted by the prosecutor alone is insufficient to determine the guilty of each of the facts charged in this case, but the court below found the guilty of each of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding

B. In light of the circumstances that may be considered in the background of each of the instant crimes committed by the Defendant, the sentence imposed by the lower court (5 million won) is too unreasonable.

2. Determination

A. The defendant and his defense counsel asserted the same purport as the grounds for appeal in this part of this part of the judgment of the court below, and the court below rejected the above assertion by giving a detailed statement on the arguments of the defendant and the defense counsel in this part of the judgment of the court below under the title "the judgment of the defendant and the defense counsel". The above judgment of the court below is recorded.

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