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(영문) 춘천지방법원 강릉지원 2017.11.23 2017노295
허위작성공문서행사등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) The Defendant merely put the deceased and two witnesses (M and N) into a notarial office upon the request of the deceased’s network D (hereinafter “the deceased”) and did not attend the place of preparation of a will document by the deceased and two witnesses.

Since at least three papers have been confirmed in a process deed, the above deed was lawfully prepared by at least three persons, and even if false, the defendant who did not attend the job did not recognize that fact.

2) In a lawsuit seeking confirmation of invalidity of a process deed filed by the complainant against the Defendant, the complainant had already submitted a will process certificate in the form of a documentary evidence. Accordingly, the Defendant’s legal representative again submitted a documentary evidence.

shall have exercised a fair will document.

shall not be deemed to exist.

3) In a lawsuit seeking confirmation of invalidity of a process deed, the issue was whether the will process certificate is invalid or not, and thus, it was exercised in the above lawsuit.

Even if there was the criminal intent of deceptiveation;

subsection (b) of this section.

B. The punishment of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The lower court’s determination appears to have led to the process of preparing a process of a will, i.e., taking into account the following circumstances, namely, ① the age, academic background, and related documents of the deceased, which are acknowledged by the evidence duly adopted and investigated, and ② the Defendant appears to have led to the process of preparing a process of a process of a process of a process of a document of process; ② the Defendant was present in a litigation seeking confirmation of invalidation of a process of a document of process in which M and N directly heard the contents, etc. of a will from an attorney-at-law in charge of authentication, and signed and sealed it as a witness of a process of a will in the presence of the Defendant;

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