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(영문) 수원지방법원 2019.06.28 2019노690

사문서위조등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by a prosecutor, since the fact that the defendant had the defendant prepared documents against the will of the president of Chuncheon branch office, the document holder, was established, the crime of forging private documents and the crime of uttering of the above investigation document premised on this is established, the judgment of the court below which acquitted the defendant of this part of the charges is erroneous in the misapprehension of legal principles.

B. The lower court’s sentence of an unreasonable sentencing (one million won by a fine) is too heavy or unreasonable.

2. Determination

A. The prosecutor argued that the prosecutor's assertion of the misapprehension of the legal principles is identical to the grounds for appeal in the court below, and the court below found the defendant not guilty of this part of the facts charged on the ground that there is no other evidence to acknowledge this differently, on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant arbitrarily affixed the official seal of the head of B corporation Chuncheon branch office with the official seal of the head of B corporation and forged three copies of a career certificate and forged the forged document.

Examining the above judgment of the court below in a thorough manner with the records, the judgment of the court below is just and it is not erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment, and thus, the prosecutor's assertion of legal principles

B. There is no change in the conditions of sentencing compared to the judgment of the court below on the assertion of unfair sentencing by the defendant and prosecutor, and it is reasonable to respect the sentencing of the court below where the sentencing does not deviate from the reasonable scope

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

In addition, the original court's punishment can be changed in the trial.