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(영문) 서울중앙지방법원 2014.11.21 2013고정3020
위조사문서행사
Text

The defendant shall be innocent.

Reasons

1. When the Defendant entered the Republic of Korea on February 16, 1997 with a name C and D passport number issued by the People's Republic of China on February 16, 1997, and forced departure from the Republic of Korea on April 13, 2005 for illegal stay, etc. and making it difficult to re-entry the Republic of Korea, in order to re-entry the Republic of Korea, the Defendant: (a) opened a forged passport under the name F, date of birth, G, and passport number issued by the People's Republic of China on February 22, 2008; (b) exercised a forged passport under the name of the People's Republic of China stated in the name F, date of birth, and passport number H in the name of the deceased in the name of the People's Republic of China on February 22, 2008 at the Incheon City, Jung-gu 2850, where the Defendant could not know of the forgery; and (c) exercised the forged passport over eight times in total, as indicated in the attached list of crimes.

2. The evidence submitted by the Prosecutor alone is insufficient to recognize the forgery of the F’s passport ( Passport Number H) issued by the People’s Republic of China and the above facts charged on this premise, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325

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