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(영문) 대구지방법원 2016.10.13 2016노842

사문서위조등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court, which found the Defendant guilty of all the remaining criminal facts on the premise that the charge was forged, based on the fact that the Defendant forged the instant electrical construction contract, erred and adversely affected the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of suspended sentence for one year of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, namely, the credibility of K and the Defendant’s statement, the entries in the electrical construction contract (Evidence No. 11; hereinafter “instant electrical construction contract”) prepared on August 18, 201, the circumstances before and after the preparation, and the result of related civil litigation, the Defendant appears to have arbitrarily prepared the instant electrical construction contract in the name of D even though it did not enter into an electrical construction contract with D (EN) but rather entered into an electrical construction contract with G. Therefore, the Defendant’s assertion of mistake of facts is rejected on the premise that it did not forge the instant electrical construction contract.

1) K and Defendant’s statement are reliable 1) after hearing from G to stating that “D’s seal impression which the Defendant had as a factory building because the Defendant is in need of the electric user’s seal impression on the application for the use of electricity (the trial record 115 pages).” The Defendant himself marks D’s seal impression on the application for the use of electricity and the instant electrical construction contract (Evidence record 64, 194 pages, and 96 pages of the trial record). In addition, K stated that D’s seal impression attached to the said contract is between the Defendant and the documents necessary for the documents for the application for the use of electricity (the 99 pages of the trial record and the 99 pages of the trial record are consistently stated from the investigation agency to the court below, and the testimony at the court below is consistent with the aforementioned statement.

Ddo electrical construction contract.