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(영문) 인천지방법원 2016.09.23 2016노758

사문서위조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the defendant committed an act by forging a letter in the name of D and a mutual agreement, and submitting it to the court. Furthermore, in the lawsuit filed against D, the defendant attempted to obtain a favorable judgment by submitting the aforementioned forged document, but it can be sufficiently recognized that the defendant committed an attempted crime.

Nevertheless, the judgment of the court below which acquitted each of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Examining the evidence duly adopted and examined by the court below and the court below in light of the records, a thorough examination of the records reveals that the court below's decision to find the defendant not guilty of each of the facts charged of this case is just and acceptable, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment, as otherwise alleged by the public prosecutor.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.