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(영문) 대법원 2018.5.30.선고 2017도19498 판결

업무방해,사문서위조교사,증거위조교사,위조사문·서행사(인정된죄명위조사문서행사교사),위조증·거사용(변경된죄명위조증거사용교사),위계공무·집행방해,국회에서의증언·감정등에관한법률위반

Cases

2017Do19498 Business Obstruction, Private Document Forgery, Evidence Forgery, and perjury

(A) A certificate of forgery of a recognized crime; (b)

o Use (a name of a modified crime, a teacher using forged evidence), fraud

Obstruction of Execution, Violation of the Act on Testimony and Appraisal, etc. at the National Assembly

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

Law Firm (LLC), Attorney C, D, E, F, G, H, I, J

Judgment of the lower court

Seoul High Court Decision 2017No1975 Decided November 14, 2017

Imposition of Judgment

May 30, 2018

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the evidence duly admitted, the court below is just in finding the defendant guilty of obstruction of business among the facts charged in the case, of aiding and abetting private documents and copying private documents, and of obstruction of performance of official duties by fraudulent means, and there is no error of law by misapprehending the legal principles as to "a fraudulent scheme of interference with business" or "a fraudulent scheme of interference with business", "a private document of aiding and abetting private documents," "a private document of aiding and abetting private documents," or "a deceptive scheme of obstruction of official duties by fraudulent means", and "a fraudulent scheme of obstruction of official duties by fraudulent means", as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Kim Jae-hyung

Justices Kim Chang-suk

Justices Cho Jong-hee

Justices Min Min-young