Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not less than three years and six months.
evidence of seizure.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendants (1) misunderstanding of facts (Defendant A) knew that Defendant B was the owner of real estate.
(2) The lower court’s respective punishment on the Defendants is too unreasonable.
B. Each of the punishments against the Defendants by the lower court is deemed to be too uneasible and unfair.
2. Determination
A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made
(2) The lower court found Defendant A guilty of the facts charged on the grounds that the lower court found the credibility of each of the above statements, which was clearly erroneous in the lower court’s determination on the credibility of each of the above statements. (3) The lower court erred by misapprehending the legal principles on the credibility of each of the above statements. (4)
It is not clearly unreasonable to maintain the judgment of the court below on the credibility or credibility of the judgment.
Witness
According to B’s legal statement, Defendant A knew that Defendant B was not H, and ordered Defendant B to properly conduct H behavior.
Therefore, Defendant A’s assertion of mistake is without merit.
B. All the sentencing conditions indicated in the records and arguments of the case of unfair sentencing, and Defendant A had the same criminal records and led the crime, and Defendant B had the same criminal records and depth.