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(영문) 의정부지방법원 2014.02.11 2013노1660
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. After obtaining the consent from the victim C of mistake of facts to prepare a letter, the defendant has filled up and stated the letter in the blank in accordance with the agreement with the victim, and the defendant does not forge the letter in the name of the victim.

B. The lower court’s sentence of unreasonable sentencing (fine 4.5 million won) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, (1) where each letter takes effect as a disposal document, the author of each letter bears the burden to perform his/her duty according to its content, and thus, in this case, even though it is universal, the defendant did not have a written statement in order to be careful. In this case, there is room to see that the defendant failed to obtain a genuine consent from the victim. (2) In addition, even if the contents of each letter are written, it is common to write at least the author's name into a pen. In this case, it is difficult for the defendant to find out special circumstances that the defendant should have signed, and (3) the defendant did not obtain a procedure to confirm the contents of each written statement from the victim on each spot (if he/she consented to such preparation, it appears that it is necessary after the victim's consent, and (5) the defendant did not obtain a consent from the victim after the fact that he/she did not have obtained a consent from the victim.

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