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(영문) 수원지방법원 2020.09.17 2020노2597
허위공문서작성등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant (the factual errors and misapprehension of the legal principles) - The fact that each official document was leaked for official duties, the preparation of each false official document about N and U, and the use of each false official document 1). In the case of each official document, the content that the Defendant informed to B is not confidential for official duties since the Defendant’s personal opinion or B had already been known, and the Defendant was informed from B to obtain information helpful to investigate narcotics offenders from the information cause. The Defendant did not have any possibility of delivering the content from the Defendant to the investigation subject, and the Defendant did not actually success in the arrest of the criminal subject to narcotics, and thus, the criminal justice function cannot be deemed to have been impeded due to the Defendant’s act. Accordingly, in the case of each act described in this part of the facts charged, the Defendant submitted the cell phone that was kept to the police for the purpose of identifying the crimes of G and U, etc., and the Defendant did not have any choice but to believe that the Defendant was a person committing the crime of H, such as the Defendant’s act of making it false and false documents.

Therefore, the defendant did not have intention to prepare and exercise false official documents.

3) Nevertheless, the lower court found all of the facts charged guilty. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. (b) misunderstanding of facts (not guilty part) - each duty abandonment, and B.

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