사문서위조등
The prosecutor's appeal is dismissed.
1. According to the statement of the summary of the grounds for appeal E, although it can be recognized that the defendant voluntarily prepared and submitted the instant written coal application without the consent of E, the court of the court below held that the defendant had no intention to do so because the defendant was aware that he obtained the consent of E and prepared the instant written coal application. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. Determination:
A. According to the evidence duly examined and adopted by the lower court and the first instance court, E’s respective statements and F’s statements made at the investigative agency and the lower court and the lower court as evidence fit for the facts charged of the instant case.
B. First, each of the statements made by E at an investigative agency and the court of the original trial cannot be deemed to have probative value that can prove the facts charged of this case because credibility is doubtful for the following reasons.
1) On April 20, 201, the Defendant sent a e-mail to E, along with the file of “UX (12KB)” to the effect that “A sent to B with a seal affixed thereto,” and the content of the attached e-mail files is that “I wish to do so with a large number of people with a usual mind and good faith, but I want to do so with a fair and clear judgment,” and the other parts are the same (i.e., May 12, 201). The Defendant sent the e-mail to E on May 12, 2011, not the content that “I want to use the e-mail” before sending the e-mail to E-mail to the Defendant on May 18, 12, 2011.
. investigation records;