(영문) 부산지방법원 2019.10.18 2019노1958 | 리걸엔진

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(영문) 부산지방법원 2019.10.18 2019노1958

위조유가증권행사등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. Defendant B did not recognize that the instant certificate of deposit was forged at the time of the instant case, and there was no intent to commit the instant certificate of deposit, and there was no criminal intent to commit the instant crime with the Defendants, and thus, Defendant B should be acquitted.

Nevertheless, the court below convicted Defendant B, which is erroneous in misunderstanding of facts.

C. Defendant C1) misunderstanding of facts and misunderstanding of legal principles cannot be deemed to have been sufficiently proven that the instant certificate of deposit was forged. ② Even if the instant certificate of deposit was forged, Defendant C did not have any awareness that the said certificate of deposit was forged at the time of the instant case, and there was no intent to exercise the said certificate of deposit. ③ In addition, Defendant C merely delivered the instant certificate of deposit to Defendant B, and there was no conspiracy to commit the instant crime with other Defendants. Therefore, Defendant C should be acquitted, or even if the conviction was found, Defendant C should be held guilty, but the lower court erred by misunderstanding of facts and misunderstanding of legal principles in the judgment that convicted Defendant C on the premise that Defendant C constituted a joint principal offender with respect to the instant crime, although it was found guilty, the lower court erred by misapprehending of legal principles and misunderstanding of legal principles.

Defendant

E The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination

A. Compared to the first instance court’s judgment on the assertion of unfair sentencing by Defendant A, there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Supreme Court Decision 2015Do3260 Decided July 23, 2015

유사 판례

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