(영문) 수원지방법원 2009. 12. 24. 선고 2009노4573 판결[허위공문서작성·허위작성공문서행사][미간행]
Defendant
Prosecutor
Fixed-term medical care
Attorney Kwon Young-hoon
Suwon District Court Decision 2009 Godan1235, 2009 Godan2039 (Joint Judgment) Decided September 11, 2009
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
When the supervision team conducts a completion inspection, Nonindicted 2, who is a public official, as the legal supervisor, was present at the time when the completion inspection report of this case was prepared, and according to the Defendant’s statement, etc., Nonindicted 2, who is a public official, was present at the time when the completion inspection report of this case was prepared. Furthermore, Nonindicted 2, upon the attachment of the above completion inspection report, signed the protocol of completion inspection on the part of the public perusal column, such as the person in charge, public inspection, approval, and discretionary decision-making formed with the document stating “the result of the first completion inspection of the construction of the Voluntary Plant Landscaping,” which was received by the Korea Agricultural Technology Center in the period of harmony. Thus, Nonindicted 2 signed the protocol of completion inspection of this case which was received by the Korea Agricultural Technology Center in Sungsung where Nonindicted 2, who is a public official in charge of the Corporation, was aware of the falsity of the fact that the above completion inspection report of this case was approved by the contents of the above completion inspection report of this case, and the above completion inspection report of this case’s construction report is merely an error in interpreting by the Defendant.
2. Determination
A thorough examination of the evidence of this case in light of the records, the court below's decision that the defendant was not guilty of the facts charged of this case based on the determination of evidence is just and acceptable. Thus, the court below's decision did not err by misapprehending the legal principles of official document. Therefore, the prosecutor's assertion is without merit.
3. Conclusion
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Lee Dong-chul (Presiding Judge)