사문서위조등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding the facts) is consistent with D’s statement that the Defendant and the seller of the instant tree sale contract and the guarantor knew the fact that D’s name was entered in the instant tree sale contract. However, it may be deemed that D’s complaint was caused to avoid liability when C filed a lawsuit against the Defendant and D, such as return of unjust enrichment.
In light of the above, the judgment of the court below which acquitted the defendant on the ground that it was not possible to directly prepare the above transaction contract or allow the defendant to prepare the contract.
2. Determination
A. The facts charged in a criminal trial should 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. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the determination is inevitable in view of the benefit of the defendant.
B. The lower court acknowledged the Defendant’s confession of a crime, but recognized the fact that the Defendant and D currently were under civil litigation with C on the sales contract for trees with C, and it cannot be ruled out that D directly prepared the above sales contract or allowed the Defendant to prepare it. Thus, the evidence submitted by the prosecutor alone proves that the facts charged in the instant case was proven without reasonable doubt.
Considering that it cannot be said, the facts charged of this case were acquitted.
(c)
The following circumstances, i.e., the evidence duly adopted and examined by the court below, and the witness C and D’s each legal statement, were revealed through the evidence duly adopted and investigated by the court below, i.e., the witness C and D, and the Defendant and D testified to the effect that C had directly affixed D’s seal impression to the office with the Defendant, and affixed D’s seal impression to the contract.