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(영문) 대구지방법원 2017.09.15 2017노1584
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the Reasons for Appeal - The statement of the misunderstanding complainants on the instant private document is specific and consistent, and L in the Korean Supreme Court Branch L, on May 3, 2010, did not submit data to determine whether the complainants consented at the time of applying for extension.

The Defendant, as a matter of course, proceeded with the consent of the complainant on the sole ground that there was no combustibility between the complainant and the Defendant at the time of the forgery of the private document of this case.

In light of the fact that it is difficult to conclude the facts charged in this case, the lower court erred by misapprehending the fact that the facts charged in this case can be sufficiently convicted, thereby adversely affecting the judgment.

2. The following circumstances, which were duly adopted and examined by the court below in light of the circumstances revealed by the court below, are stated to the effect that the complainant accepted the change of the defendant's use of the agricultural electricity at home at the time of 2010 into the domestic electricity due to the problem of using the agricultural electricity at home, but the joint guarantee letter prepared by the complainant is " 9kW of the agricultural power at the place of electrical use" in the column of the electrical use.

In addition to the fact that it appears that the defendant's application for electricity use is not a domestic electricity, the court below's decision of innocence based on the evidence judgment such as the record is acceptable. Thus, the court below's decision is not erroneous as alleged by the prosecutor.

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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