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(영문) 대전지방법원 2015.05.29 2015노939
사문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles did not participate in the instant crime in collusion. (2) The lower court’s sentencing (one year of imprisonment) is too unreasonable.

B. The sentencing of Defendant B (six months of imprisonment) by the lower court is too unreasonable.

2. Judgment on the misconception of facts and misapprehension of legal principles by Defendant A

A. At least two of the judgment of the court below is not a legally required type of conspiracy in a co-offender relationship to be jointly processed in a crime, but an implied communication of the co-offenders who intend to jointly commit the crime is sufficient when there is an implicit communication with regard to the joint implementation, and it may be recognized by the circumstantial facts and empirical rules, even if there is no direct evidence thereof.

In addition, joint execution of a crime by conspiracy is not based on the premise that all accomplices realize the elements of a crime by themselves, and it is possible to cooperate with accomplices who conduct the realization act to strengthen their decision on the act. Whether it falls under it should be determined by comprehensively taking into account the degree of understanding the result of the act, the size of participation, intent to control the act, etc.

(see Supreme Court Decision 2006Do1623, Dec. 22, 2006). In light of the relevant evidence of the legal principle, the co-principal liability for the crime committed against Defendant A may be sufficiently recognized.

B. In full view of the following circumstances acknowledged by the court below's duly admitted and investigated evidence, the above judgment of the court below is just, and it can be recognized that the defendant committed the instant crime by collusion with F, G, H, B, andY crimes.

The defendant and F are not only the friendship between elementary schools and those who are well aware of them from elementary schools to high-speed, but also the organization of disguised marriage in Vietnam.

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