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(영문) 수원지방법원 2015.07.23 2014노6811
공전자기록등불실기재등
Text

All appeals by the Defendants are dismissed.

The costs of the trial shall be borne by the defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) In spite of having reported the marriage of this case with the genuine intention of marriage between Defendant D, the judgment of the court below convicting the Defendant of the facts charged of this case on a different premise is erroneous in misunderstanding of facts. 2) The sentence of the court below on the Defendant of an unreasonable sentencing (hereinafter referred to as a fine of KRW 3,00,000) is too unreasonable.

B. Defendant B (1) misunderstanding of facts) Defendant A merely responded to the request of Defendant A to have his signature as a witness in a report of marriage with Defendant D and did not commit the instant crime in collusion with Defendant A, the lower court’s judgment convicting the Defendant of the instant facts charged is erroneous in misunderstanding of facts. 2) The lower court’s sentence against the Defendant of unreasonable sentencing (2) is too unreasonable.

2. Determination

A. In light of the following circumstances, the Defendants’ assertion of mistake of facts as to the assertion of mistake of facts and the evidence duly admitted and investigated by the court below, i.e., the following circumstances: (i) A made a report of marriage with Defendant A after entering the Republic of Korea; (ii) Defendant A began living with Defendant A at the time of entry into the Republic of Korea; and (iii) Defendant B was living in the same residence as Defendant A at the time of the instant report of marriage; and (iv) Defendant A led to the conspiracy with Defendant A after entering the Republic of Korea; and (iii) Defendant A was living in the Republic of Korea at the same residence as Defendant A at the time of the instant report of marriage; and (iii) Defendant A was introduced to Defendant A after entering the Republic of Korea; and (iv) Defendant A led to the conspiracy with Defendant A during the investigation process, and the confession appears to have credibility in light of the background and content thereof.

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