사인부정사용등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The Defendant, misunderstanding of facts, only obtained the minutes on which E’s seal was affixed from F, and did not arbitrarily use E’s seal as stated in the instant facts charged.
Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence sentenced by the court below to the defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.
2. Determination:
A. The summary of the facts charged is the Defendant, from March 8, 2016, who was in charge of the executive secretary of the Video Camera Promotion Committee under the Changwon-si Branch C (hereinafter “instant branch”) of the Changwon-si Branch of the Private Taxi Transport Business Association (hereinafter “instant branch”).
On May 17, 2016, at the office of the instant branch located in Changwon-si, Changwon-si, the Defendant prepared the minutes of the meeting of the video camera promotion committee on March 8, 2016 and the minutes of the meeting on April 28, 2016, and completed and kept the minutes as if there were the consent of the promotion committee E who did not consent to the contents of the minutes, the Defendant arbitrarily sealed the other’s seal, which is the seal kept in the office of the instant branch, on the list of the promotion committee members, and carried out the minutes of the minutes with the seal affixed thereto, which is the seal of the other person’s seal kept in the office of the instant branch, at the office of the instant branch.
B. The lower court found the Defendant guilty of the facts charged by compiling the evidence as indicated in its judgment.
(c)
1) In a criminal trial, criminal facts should be acknowledged based on strict evidence with probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the extent that such conviction would lead to the prosecutor’s above conviction, even if there are suspicions of guilt, such as inconsistency with the defendant’s assertion or defense, or non-competence, etc., even if there are suspicions of guilt.