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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of each of the facts charged of this case, contrary to the fact finding, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, although the contents of the testimony or accusation by the defendant misunderstanding of facts are not false facts as a true fact
B. The punishment of the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant alleged the same purport in the lower court’s determination as to the assertion of mistake of facts, and the lower court determined that the content of the Defendant’s testimony and the content of the complaint, such as the entries in each of the facts charged in the instant case, were false and convicted in all of the facts charged
In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.
shall not be deemed to exist.
This part of the defendant's assertion is without merit.
B. Circumstances favorable to the Defendant regarding unfair determination of sentencing are as follows.
The principle of equity shall be taken into consideration where the defendant received a judgment concurrently with the facts constituting a criminal offense entered in the first head of the judgment of the court below.
Defendant is old and healthy.
Circumstances unfavorable to the defendant are as follows:
The defendant was convicted of the crime that he acquired approximately KRW 2 billion in total from E, and due to the above case, E and wife suffered serious pain up to the present.
Nevertheless, there is a fact that the defendant was assaulted by D in a criminal case against D.
Although perjury was raised, E was accused of fraud, it was denied each of the crimes of this case and it was shown that E and D were responsible for it.
This case.