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(영문) 서울중앙지방법원 2020.11.13 2020노1696

사문서위조등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant prepared a certificate of borrowing in the name of S on March 21, 2016. However, since the above certificate of borrowing was prepared with S's consent, there was no intention on the charge of forging or uttering of private documents.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous and adversely affecting the conclusion of the judgment.

2. The defendant in the judgment of the court below also argued the same as the reasons for appeal, and the court below rejected the above argument by clearly explaining the judgment in detail. If the judgment of the court below is compared with evidence, the judgment of the court below is just, and the defendant's assertion of mistake of facts is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.