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(영문) 서울동부지방법원 2017.08.11 2016노2091

사문서위조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds of appeal (misunderstanding of facts), although the defendant could fully recognize the fact that the defendant forged the aviation ticket business investment contract and submitted it as evidence for civil procedure, the court below erred by misapprehending the facts and acquitted the defendant of the facts charged in this case.

2. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's judgment that found the defendant not guilty of the facts charged on the basis of the judgment of the court below is just and acceptable, and since no new evidence corresponding to the facts charged in this case has been submitted in the court below, there is an error of law by misunderstanding the facts as pointed out by the prosecutor, which affected the conclusion of the judgment.

It does not seem that it does not appear.

Therefore, prosecutor's assertion of mistake 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 the prosecutor's appeal is without merit. It is so decided as per Disposition.