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(영문) 수원지방법원 2019.03.22 2018노6593

위조사문서행사

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 court below erred in the misapprehension of legal principles since the defendant forged a performance memorandum in the name of C as stated in the facts charged (hereinafter “instant performance memorandum”) and presented it to I who knew of the forgery, and the court below found the defendant not guilty of the facts charged.

2. The court below reasoned that the evidence duly adopted and examined by the court below and, in particular, the prosecutor prepared a compilation form of a copy of the execution letter of other Chapters, instead of being naturally prepared at one time, and the defendant could fully recognize that the letter of execution of this case was forged. However, although Eul recognizes that the letter of execution of this case was signed and sealed by the defendant, and the C's seal affixed on the letter of execution of this case was confirmed to be identical with C's seal affixed directly by other documents and confirmed to be identical with C's seal affixed on other documents (Evidence No. 371 of the evidence record), and there is insufficient evidence to prove that the defendant has stolen C's seal affixed to C's seal affixed to the other documents without any reasonable doubt (Evidence No. 371 of the evidence record), the court below's finding the defendant not guilty of the facts charged for the reasons as stated in its judgment is sufficiently acceptable, and there is no error of law

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.