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(영문) 대구지방법원 2013.12.19 2013노540
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that D is the forgery of the Defendant’s signature and seal in the Defendant’s statement column. Therefore, the Defendant’s accusation of D by forging a private document does not constitute an accusation.

Even if the defendant voluntarily stated his name and affixed his seal in the above statement statement column, the defendant, while being issued a copy of the above statement, received a copy of the defendant's signature and seal along with the copy that is not included in the defendant's signature and seal, and the former filed a complaint against D with the awareness that it was forged, so the defendant did not have any intention to commit a crime without doubt

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the court below, D cannot be deemed to have entered the Defendant’s name and affixed the seal in the statement statement column.

The defendant asserts that there is no fact that, in the above statement of statement, the defendant stated "A" as "the entire statement is true," and affixed a seal thereto. However, the defendant asserts that there is no fact that his name is written in the letter of statement of statement and affixed a seal.

However, as a result of the appraisal in the investigative agency, the name of the defendant and the name of the person who made the statement in the name of the defendant stated next to the statement "I have the possibility of being written by the same person" was stated in the statement, and each name next to the statement was clearly stated as highly likely to have the same seal affixed.

(Evidence Records 203 to 219 pages) In addition, as a result of the appraisal by the court of original judgment, the entry and seal of the above statement were the same as the writing and seal of the defendant.

D The defendant reads the statement and puts his signature and seal on the statement column.

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