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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant: (a) obtained the consent of the Defendant’s wife E; (b) prepared a new contract for the SK Telecom Services in the capacity of his agent; (c) submitted it to the agency employee (Article 1); and (b) written move-in report, stating “the former household owner or his/her own column” as “E”; (d) written a move-in report with the seal affixed thereon; and (e) submitted it to the resident center employee
(2) However, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., ① the Defendant’s wife consistently states that the Defendant prepared each document listed in paragraphs 1 and 2 of the facts charged from the investigative agency to the lower court without his/her consent; ② there seems to be no special circumstance to deem that the lower court clearly erred in its determination as to the credibility of the above statement; ③ the Defendant and E aggravated marital relationship; ③ the Defendant was released from June 2, 2013; the Defendant was subject to a provisional disposition prohibiting access that no access should be accessible to E against the intention of E by force of violence on October 2, 2013; ④ the Defendant was subject to a decision prohibiting access by force against the Defendant; ④ there was no additional evidence supporting the Defendant’s assertion in the grounds for appeal; and ④ the Defendant’s use of each document described in paragraphs 1 and 2 of the facts charged without obtaining consent from E.
The defendant's assertion of mistake is without merit.
B. Determination of unfair sentencing is made on the Defendant.