(영문) 인천지방법원 2017.04.21 2017노101 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2017.04.21 2017노101

공문서위조등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the consistent statement made by the FF, the lower court acquitted the Defendant of this part of the charges on the sole basis of the statement on remittance details of the said victim, although the lower court found the Defendant not guilty of this part of the charges, there were errors by misapprehending the legal principles on the part of the lower judgment on the part of the lower judgment (as indicated in the judgment below, “the fraud regarding the purchase of non-performing loans in the JM No. 1, 3, and 5, No. 10, and No. 11, No. 10, and No. 11, the fraud regarding the purchase of non-performing loans in the Ilsan GG apartment No. 12 and No. 13, and fraud regarding the purchase of non-performing loans in the Ilsan GG No. 12 and No. 13, and fraud regarding the cost of the credit card terminal and the

2) The lower court’s sentence against an unfair defendant in sentencing (a 3 years and 6 months of imprisonment) is too uncomfortable and unfair.

B. The lower court’s punishment against the Defendant (unfair sentencing) is too unreasonable.

2. Determination

A. The lower court found the Defendants not guilty of this part of the facts charged, stating in detail the grounds for the determination on the prosecutor’s assertion of mistake of facts.

Examining the evidence duly adopted and examined by the court below in light of the evidence duly admitted, the evidence alone submitted by the prosecutor alone proves that each of the facts charged is beyond reasonable doubt.

Therefore, the lower court’s judgment that acquitted the Defendant of this part of the facts charged does not seem to be unlawful, as otherwise alleged by the prosecutor.

Therefore, prosecutor's assertion of mistake is without merit.

B. The amount of fraud by the Defendant and the prosecutor is a large amount of judgment on the illegal argument of sentencing, and in light of the criminal law, such as committing a crime committed by the document, etc. for the crime of fraud, the liability for the crime is grave, the considerable damage has not been recovered up to now, and the suspension of the execution of imprisonment with prison labor for one time by forging the previous official document.

유사 판례

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