Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in the case of mistake of facts, the Defendant did not request the forgery of this part of the charges with regard to the fact that a public official certificate under the name of the Ansan-si market and a driver's license under the name of the Seoul Commissioner of the Seoul Local Police Agency was committed (criminal facts No. 2).
Nevertheless, the court below found the defendant guilty of this part of the facts charged, which erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.
2. Determination:
A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined as to the assertion of mistake of facts: ① The defendant started contact with the forged crime on June 8, 2013, and came to deliver a forged driver’s license under the name of the Commissioner of the former North Korean Police Agency, which was forged on June 14, 2013, and requested the second request on June 10:02 to the forged crime. The first request was made on June 12, 2013. The defendant sent C’s driver’s license and the defendant’s photograph can file to the defendant, accompanied by e-mail accompanied by C’s identification card or national agency identification card, and sent it to the defendant with 11:49 on the same day (Article 234-239 of the Investigation Record). ② The defendant sent 1.3 No. 10 on June 14, 2013 to the public official, who is a public official of Grade 3 (No. 2) and then sent a copy of the investigation report to the defendant.3.4.