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(영문) 의정부지방법원 2016.07.21 2016노813

사문서위조등

Text

The prosecutor's appeal is dismissed.

Reasons

According to the evidence submitted by the prosecutor, although the defendant conspired with H to alter the agreement in the name of the victim D as stated in the facts charged of this case and it can be recognized that it was used, the judgment of the court below which acquitted the defendant of the facts charged of this case, which affected the conclusion of the judgment.

Judgment

The lower court rendered a not guilty verdict on this part of the facts charged while sufficiently explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.