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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.01.15 2015노5428
사문서변조등
Text

The defendant's appeal is dismissed.

Reasons

misunderstanding the substance of the grounds for appeal or misunderstanding the legal principles, the Defendant was consulted by the Korea Legal Aid Corporation to submit a document by extracting part of the document, and only submitted the instant written application by extracting the relevant part in order to emphasize the part of the written written written application.

D had already agreed to not file a civil or criminal lawsuit against the defendant in relation to the adultery part, and therefore, the contents of the application filed by the defendant after extracting it also conform to the facts.

Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which found the defendant guilty.

The sentencing of the court below's improper sentencing (one million won in penalty) is too unreasonable.

Judgment

The Defendant also asserted the same purport in the lower court’s judgment as to the assertion of mistake or misunderstanding of legal principles, and the lower court rejected the above assertion on detailed grounds.

When the judgment of the court below is examined closely with the evidence, the judgment of the court below is just, and there is no error in the misapprehension of the legal principles as alleged by the defendant.

B. Even if the defendant's assertion that he had already agreed to file a lawsuit against the defendant in relation to the part between D and D, it is clear that the act of arbitrarily altering the contents of the written application in the name of D without the consent of the person under his name constitutes a crime.

It is true that the defendant had a lot of mental stress due to a long time dispute between D and D in criminal cases.

It can be considered in light of the circumstances favorable to sentencing.

However, considering the fact that the defendant has a criminal record in the same way, the fact that the altered document was submitted as litigation material, and other various sentencing conditions such as the defendant's age, environment, motive and background of the crime, and circumstances after the crime, it is too unreasonable for the court below to impose a fine.

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