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(영문) 서울남부지방법원 2016.07.22 2015노1966
공전자기록등불실기재등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendants guilty, in the absence of the fact that the Defendants reported the marriage with the intention of marriage and reported a false marriage.

B. The sentence of sentence to the Defendants (for each of the four months of imprisonment and one year of suspended sentence) that is unfair in sentencing is too unreasonable.

2. Determination

A. On the grounds of the lower court’s conviction, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① Defendant A appears to have failed to notify her children of the fact of marriage: (a) Defendant B stated in the police that “the police did not have a regular person who was re-born to Defendant A’s pro-friendly or her children” (which means 65 pages of evidence records); (b) Defendant A stated to the effect that “I did not talk about the existence of the Defendant to her children” at the prosecution (which means 120 pages of evidence records); and (c) Defendant A reported a false marriage for the purpose of issuing a non-party B’s non-party visa at the prosecution.”

In light of the fact that Defendant B’s police statement is based on Defendant B’s statement, it is sufficient to recognize that the Defendants filed a false marriage report as stated in the facts charged, in addition to the following facts: “At least 1-2 times in one month, Defendant A sought money or food and transferred money (the 59,63th page of the evidence record).” In addition, the relationship between the Defendants appears not to be particularly large. Nevertheless, Defendant A and Defendant B appears to have no reason to make a false statement unfavorable to himself/herself.

B. As to the wrongful assertion of sentencing, the Defendants did not expressly state the unfair assertion of sentencing in the petition of appeal, and on December 30, 2015, the reason for appeal submitted on June 21, 2016, which was submitted after the lapse of the submission period for the reasons for appeal.

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