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(영문) 광주지방법원 2017.08.31 2017노2642
위계공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence Nos. 1 through 4 ( Gwangju District Court.)

Reasons

1. Summary of grounds for appeal;

A. Legal principles are erroneous (as to the forgery of a private document and the uttering of a private document) and the indication of the column attached to a selective victim does not constitute a private document which is the object of the crime of forging a private document and the crime of conducting a private document under the investigation.

B. The Defendant was physically and mentally weak at the time of committing the instant crime.

(c)

The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. On April 16, 2017, in order to display the sender who sent the above fake explosives and the door-to-door box containing 63 pages to the government office buildings of Seoul, the Defendant: (a) entered them by using computers as “H 506 E Company E, Dong-dong, Gwangju Metropolitan City,” and printed them out; (b) around April 17, 2017, at the above office of Gwangju, located in 15, Seo-gu, Chungcheongnam-gu, Gwangju, the sending of the above printed material attached the printed material on the face of the sending of the door-to-door box; and (c) requested the sending of a door-to-door box at the above office of Gwangju, the Defendant, who is a post office employee, may not know the forgery of the sending document as above, destroyed a door-to-door box as if the document stating forged information was a document established.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a document stating information transmitted in the name of F, a private document on proof of facts, and exercised it.

B. In order to constitute a document concerning a document under the Criminal Act, the content thereof must be legally or socially acceptable as evidence (see, e.g., Supreme Court Decision 2010Do6068, Jul. 15, 2010). The object of the crime of forging a private document and the crime of forging a private document is “any other person’s document or drawing pertaining to the certification of rights and duties or facts.” Here, the document pertaining to rights and duties refers to a document stating matters on the occurrence, alteration, and extinction of rights and duties, and a document certifying the fact.

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