사문서위조등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not forge a certificate of graduation and labor contract stated in the facts charged of the instant case.
C Since the defendant was aware that he was not a graduate of the DMA process, the defendant would not have forged and presented C a certificate of graduation.
The terms and conditions of the labor contract shall be from January 5, 2015. If the Defendant forged it, it can be seen that the Defendant was not prepared even in light of the following: (a) the terms and conditions of the contract would have been written after a new package tour; (b) if the Defendant forged it, it would have not been forged on the day when he lived with C; and (c) the original of the forged labor contract is kept by C. If the Defendant forged the labor contract, it would have not been neglected to allow C to regard the forged labor contract in detail.
As such, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment, although the defendant did not have forged and used the certificate of graduation and labor contract.
B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.
2. Determination
A. 1) The lower court’s determination on the assertion of mistake of facts also asserted that the victim, other than the Defendant, has forged a certificate of graduation and a labor contract entered in the facts constituting an offense as indicated in the lower judgment (hereinafter “adopted certificate and labor contract”).
In regard to this, the court below held that there are many objective circumstances in which the defendant forged the certificate of graduation of this case and the labor contract of this case, so long as the defendant is sufficiently recognized that he forged the certificate of graduation of this case and the labor contract of this case, and as long as the above facts are recognized, the court below committed the crime of this case.