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(영문) 서울서부지방법원 2014.09.26 2014노305
사문서위조등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Since a mistake of facts in writing the minutes of a special meeting of the D clan (hereinafter “instant minutes”) in the name of the defendant C (hereinafter “instant clan”) is subject to the implied or presumed consent of C, the court below found the defendant guilty.

B. The sentence of an unreasonable sentencing (one million won of a fine) of the lower court is too heavy.

2. Determination

A. The summary of the facts charged in this case is as follows: (a) at a place where the Defendant is unknown on August 16, 2011; (b) “Temporary: the speech Mutual Aid Office (Seoul, Gyeonggi-do Association), and (c) The Chairman C: I will attend the meeting with the thickness of the members for the business of the strike even during the bad. I will hold a meeting with the order of the chairman. I will hold a special meeting of D Class C: (a) I will hold a special meeting with the great progress in the duties of the D Class C with the constitutional effort of the A director, and will complete the special meeting with an bad mind. I will prepare the minutes of this case, stating the contents of “The D Class D Association on August 16, 201,” and submit the minutes of this case to the 10th public official of the Korea Rail Network (hereinafter referred to as the “Korea Rail Network Association”) to deposit the minutes in the name of the 3rd public official of this case with the intent to receive the minutes of this case without any authority.”

B. The crime of forgery or alteration of a judgment document refers to the preparation of a document by gathering another person’s name.

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