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(영문) 수원지방법원 2020.05.21 2020노835

사문서위조등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the judgment of the court below which judged otherwise and acquitted the Defendants, even though the Defendants forged a monthly rent contract under the name of C, a co-owner of the instant real estate, is erroneous in the misapprehension of facts.

2. Examining the evidence duly adopted and examined by the court below in detail in light of the records, the court below is just in finding the defendants not guilty on the ground that the facts charged in the case where the defendants forged the document in the name C using I constitutes a crime without proof of the crime, and there is no error of mistake as pointed out by the prosecutor, in light of the following: (a) the real estate agent I affixed the seal in the monthly rent contract in this case by mistake, and (b) the defendants did not have forged the document in the name C by using I; and (c) the defendants, who are the majority right holders of the real estate in this case, are likely to not have any motive to forge the lease agreement in the name C.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.