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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. A written statement stating false information about the custody and loss of a registration certificate is submitted to the court that is different from the defendant's intent, although the real estate of this case was unaware of the fact that it was owned by the victim.
In the absence of the criminal intent of fraud, the court below erred in misunderstanding of facts, and the court below's punishment (two years of suspended sentence in six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court (two years of suspended sentence in six months of imprisonment) is too unhued and unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court on the Defendant’s assertion of mistake of facts, namely, the Defendant’s family members other than K knew that the instant real estate was the victim’s ownership, but the Defendant did not ask his mother-child, but did not directly file a lawsuit against the Defendant, and used active methods, such as manipulating evidence by submitting a false statement to the Defendant as the Plaintiff, and directly signing and sealing on the written statement prepared by the Defendant to the attorney-at-law office and making it difficult to deem that the document was written by mistake as specific. In so doing, it is sufficiently recognized that the Defendant had criminal intent to commit fraud.
B. The lower court’s sentence against the Defendant is deemed appropriate in light of the following: (a) the litigation fraud on the assertion of unfair sentencing was committed in attempted ways; (b) the Defendant and the victim were the co-principal; (c) the Defendant was aged; and (d) other conditions of sentencing indicated in the records, such as the Defendant’s age, character
3. According to the conclusion, all appeals filed by the defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.