beta
(영문) 수원지방법원 2017.09.29 2017노3329

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 lower court acquitted the Defendant of the facts charged, even though the Defendant, as stated in the facts charged, may recognize the fact that he forged the power of attorney in the name C and had the registration of establishment

2. Examining the judgment below in light of the following circumstances: the evidence duly adopted and examined by the court below and the prosecutor, in particular, pointed out that there is some inconsistency between the defendant's statement and the prosecutor; however, the time when the defendant was examined by the police after about six years have passed since the crime stated in the facts charged was committed and it is difficult to eliminate the possibility that the defendant made a false statement because he could not accurately memory the situation at the time, the court below's judgment of not guilty of the facts charged for the reasons stated

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.