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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that found Defendant A1 guilty of all the facts charged despite the fact-finding (with respect to the misunderstanding of facts, and perjury) and the testimony of the Defendant, even though all the contents of the Defendant’s written petition and the contents of the Defendant’s testimony are not false, there is an error of misunderstanding of facts. 2) The judgment of the court below on unreasonable sentencing (two months of imprisonment)
B. The prosecutor (e.g., imprisonment with prison labor for 8 months and imprisonment with prison labor for 4 months) of the lower court is deemed to be too uneasible and unfair.
2. Defendant A and the pertinent item are “Defendants” and Co-Defendant B are identified only in their names.
judgment on the assertion of mistake of facts
A. The lower court determined that the Defendant’s statement is difficult to believe and is more reliable in C’s statement, on the ground that it is based on the premise that C, a person seeking to avoid this part of the facts charged, was involved in whether it was reliable directly in either of C and the Defendant’s statement. In light of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court determined that this part of the facts charged is guilty.
① The Defendant’s statement is not consistent as a whole and is embodied in time, and its date appears to be changed in the direction that is consistent with D’s statement or does not go against objective evidence, and it is difficult to believe it easily.
② Even around January 2015, the Defendant filed a criminal charge with the Maritime Affairs and Fisheries Office when C used O vehicles on or around October 2014. On or around September 2014, the Defendant did not file a criminal charge with the Maritime Affairs and Fisheries Office as stated in the above accusation even if C directly opened witnessing D’s truck, and it was difficult to easily accept the reasons and motive that C was submitted to the Maritime Affairs and Fisheries Office at the latest on or around March 31, 2016.