사문서위조등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The lower court, which held a trial without undergoing the procedure for the selection of a national defense counsel, is erroneous in the misapprehension of legal doctrine, even though the Defendant was suspected of having a mental or physical disorder and deemed that the appointment of a national defense counsel is necessary for the protection of rights.
B. Fact-misunderstanding E Co., Ltd. (hereinafter “instant company”) is substantially the Defendant’s one, and D comprehensively delegated the Defendant’s authority to conduct business affairs involving the status of shareholders and executive officers related to the operation of the instant company.
Therefore, the Defendant has the right to prepare related documents in the name of D, and there was an implied consent even when D withdraws from the office of director.
Therefore, there is no room to establish the re-crime of false recording such as forgery of private documents or electronic records.
(c)
The unfair sentencing of the court below (one year of imprisonment) is too unreasonable.
2. Determination
A. Determination of the misapprehension of legal principles 1) Article 33 of the Criminal Procedure Act provides that the court shall appoint a defense counsel ex officio pursuant to Article 33(1) and (3) of the Act on Criminal Procedure, while Article 33 provides that a defense counsel shall be appointed if there is no defense counsel in cases falling under any subparagraph of paragraph (1). On the other hand, Article 3 provides that a defense counsel shall be appointed at the discretion of the defendant within the extent that does not go against the express will of the defendant, except in cases falling under any subparagraph of Article 33(1) of the Criminal Procedure Act, unless the court recognizes that it is necessary to protect the rights of the defendant, and even if a trial is held without the selection of the national defense counsel without the appointment of the national defense counsel, the court shall not appoint a defense counsel, and thereby affected the judgment.
Article 33 (3) of the Criminal Procedure Act is violated if it is not recognized.