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(영문) 광주지방법원 2016.09.28 2016노289
사인부정사용등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that since the defendant arbitrarily affixed the seal which a person whose name was lost and kept in custody without consent, it should be deemed as an illegal use of private person, the judgment of the court below which judged otherwise and acquitted the defendant not guilty of the facts.

2. On the grounds indicated in its reasoning, the lower court, based on its reasoning, found that the Defendant arbitrarily sealed the seals of the person without a name, affixed the seals of the person without a name, on the side of the applicant for the membership, when preparing the B membership application form on behalf of the member insured, and used them for the purpose of indicating the member, and it is difficult to view the lost seals as the seals of the person with the name of the seal, and it is difficult to view them as using them for the purpose of expressing the name of the person with a name of the seal, and the evidence submitted by the Prosecutor

On the ground of insufficient recognition, the lower court acquitted the instant charges.

In light of the fact that it is necessary to protect the authenticity because it symbolizes the character of a specific person and uses it to verify the identity of the specific person, the head of the seal bears a certain shape used to certify the identity of the specific person, and the head of the seal bears a need to protect the authenticity because he/she proves the content of the document and connects it to a specific person, and therefore, it means that the seal is used as a seal for a specific person enclosed without authority. The above judgment of the court below is just and the prosecutor's assertion is without merit.

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

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