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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for one year.
The judgment below
Part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the facts as to whether the Promissory Notes in this case were forged or sold to E, but the judgment of the court below which found the Defendant guilty of the exercise of forged securities, is erroneous in the misapprehension of the facts that affected the conclusion of the judgment. 2) The sentence of imprisonment (eight months of imprisonment) sentenced by the court below on unreasonable sentencing is too unreasonable.
B. Prosecutor 1) In full view of the fact that the Defendant was unable to consistently state the source of the Promissory Notes, and the fact that the Defendant was guilty of the forgery of the Promissory Notes in this case, based on E’s statement, confiscated promissory notes, and the Defendant’s criminal records, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) In so doing, the lower court’s judgment that acquitted the Defendant of the charge of the infringement of securities was erroneous and unreasonable
2. Determination
A. We examine the Defendant’s assertion of mistake of facts, and the Defendant also asserted the same as the grounds for appeal in this part, and the lower court rejected the above assertion and rendered a guilty verdict against the Defendant on the grounds as indicated in the reasoning of the crime of oil in the lower judgment. In addition to the following circumstances, the lower court’s reasoning that the Defendant sold bills to others around October 2013, and subsequently returned money to others on the ground that the sale of bills was modified, it can be acknowledged that the Defendant was aware that the two copies of the Promissory Notes were forged at the time of original judgment.
Therefore, the judgment of the court below is just, and it cannot be said that there is an error as alleged by the defendant.