(영문) 울산지방법원 2016.03.25 2015노1556 | 리걸엔진

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(영문) 울산지방법원 2016.03.25 2015노1556

사문서위조등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Of the facts charged in this case, the court below held that approximately 600 of the core chips and Article 3-2 of the judgment of the court below as to Defendant A among the facts charged in this case as to Defendant A’s violation of the Telecommunications Business Act

C. (1) Of the violations of the Aviation Telecommunications Business Act, the Defendant acquitted each of the about 400 parts of the core chips and convicted each of the remaining facts charged.

The judgment of this court against Defendant A and B shall be limited to the guilty part of the judgment of the court below, since only the Defendants appealed the conviction part, and the prosecutor did not appeal and the above acquittal part of the judgment of the court below is separated and finalized as it is.

2. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one and half years of imprisonment, and one year of imprisonment, and one year of imprisonment) is too unreasonable.

B. Defendant C1) misunderstanding the facts as stated in the judgment of the lower court, ① The Defendant did not commit such act as to the fact that the exercise of the above investigation documents under Section 4-B of the criminal facts in the original judgment, and the violation of each of the telecommunication services in Articles 4-3, 5-3, and 6-3 (c).

② In regard to the crimes No. 4, 5, and 6 of the original judgment, the Defendant did not conspired with I or did not have any intention to commit the crimes.

2) The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

3. Determination

A. Determination as to Defendant C’s assertion of mistake of facts 1) The lower court, based on the following evidence: (a) the Defendant C’s legal statement of the lower court that led to the confession of a crime; (b) the copy of the protocol of interrogation of the prosecution against I; (c) one right to request opening of a cell phone in BF (C); and (c) each investigation report; and (c) the Defendant C committed a violation of telecommunications business under each of subparagraphs 4-B, 4-3, 5-3, and 6-3, of the facts alleged in the lower judgment.

The court below determined that the evidence duly adopted and examined by the court below, and the witness I's testimony at the court court, etc. are closely examined.

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