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(영문) 대구지방법원 2016.06.03 2015노2896
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment, two years of suspended sentence, and two hundred hours of community service) is too unreasonable.

B. A prosecutor (1) In collusion with G, the Defendant committed a crime in relation to I, L, M, andO (attached Form 1, 3, 4, 6, and 6) of the instant facts charged in collusion with G, and the Defendant did not so.

Even though the lower court should have judged on the crime of aiding and abetting at least the reduced fact, the lower court omitted it.

Ultimately, the judgment of the court below not guilty on this part of the facts charged is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.

(2) The above sentence, which the court below rendered unfair sentencing, is too unhued and unfair.

2. Determination

A. (1) The lower court’s determination on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine (1) was based on (i) the facts constituting an offense listed in the crime sight table as indicated in the judgment of the lower court in July 7 and August 2013, when examining “the materials for purchase and sale of petroleum” prepared by R of the complaint of the instant gas station.

Part B, “B”, the name of the defendant as the other party to the transaction in the court (Evidence No. 39,40 of the evidence record), L, present at the court of the court of the court below and testified to the effect that “B” is not only aggregating the fact that the defendant brought about, but also aggregatings the fact that the defendant introduced and brought about the guarantee of the defendant. (2) Cargo driver L was traded with the police and the court of the court of the court below only with “G,” but the police and the court of the court of the court below stated that “the cell phone of the person was contact S, and the cell phone of the person was 2.5 tons tank with the 2.5 tons tank, and the 114 through 116th of the trial record).”

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