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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the charge column of the instant indictment of mistake of facts, even though it was not prosecuted for forging a passport with respect to the part on the charge column of the instant indictment of mistake of facts, it is an illegal indictment under the premise that the Defendant has forged a passport, not a fact, and the confiscation of that passport (No. 4 of the seized evidence) is also unreasonable.
Nevertheless, the court below recognized this part of the facts charged and convicted all of the charges, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (two years of suspended execution in October, and confiscation) is too unreasonable.
2. Determination:
A. As to the assertion of mistake of facts, first of all, the indictment must contain only the matters required by the law, and it cannot be said that the first head of the charge must give rise to the court's convictions, regardless of the facts charged, and as a matter of principle, the facts related to the charge should be stated in the elements of the crime. It cannot be said that the first head of the charge in this case is somewhat long and long enough (see, e.g., Supreme Court Decisions 2007Do748, May 11, 2007; 92Do1751, Sept. 22, 1992). However, it cannot be said that the first head of the indictment in this case appears to be somewhat long and long enough, but it appears that the background and whole circumstances leading to the crime were publicly stated in order to clearly express the criminal intent or contents of the charge, such as forging of the private document in this case, and thus, it cannot be said that the indictment in this case violates the indictment system in Japan and thus is unlawful.
In addition, the evidence duly adopted and examined by the court below, i.e., the re-issuance of a passport using the defendant from May 19, 2005 to February 12, 2008 (the issuance date, January 9, 2003; the passport number P) and the Embassy in Korea on January 14, 2008.