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(영문) 대법원 2012.10.25 2012도3859

사문서위조등

Text

The judgment below

The conviction portion is reversed, and this part of the case is remanded to Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

The facts charged in a criminal trial must be proved by the prosecutor, and the judge should be convicted with evidence of probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant's guilt, it should be determined with the benefit of the defendant.

Of the facts charged by the prosecutor, the court below took into account the evidence duly adopted by the court of first instance as to the crime of false entry into and use of public electronic records, etc. as of March 17, 2008, and the crime of uttering. 1. G recovered a seal imprint, etc. which was left to the defendant as a result of the occurrence of a problem in relation to the investment in the real estate of this case. 2. The defendant promised to transfer or sell part of the real estate of this case as of the end of December 2007 to G, which was necessary for the sale of the above real estate, and again demanded G’s seal impression, etc.