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(영문) 부산지방법원 2018.10.18 2018노1534
공문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, acquitted each of the facts charged regarding the use of forged official documents, the use of forged official documents, the use of falsified official documents, and the use of falsified official documents on February 24, 2017, and convicted each of them as to the use of falsified official documents. On December 17, 2016, the Defendant did not appeal, and the Defendant appealed on the grounds that the lower court’s conviction and the use of falsified official documents was erroneous, and that the Defendant appealed on the ground that there was a mistake and illegality in sentencing regarding the use of falsified official documents, among the convicted and acquitted portion of the lower judgment, and that the Defendant did not appeal on February 24, 2017.

Therefore, the judgment of the court below on February 24, 2017, among the acquittal portion of the judgment below, is separated and confirmed as it is. Thus, the scope of the judgment of this court is limited to the violation of the official document and the use of forged official document among the conviction portion and the acquittal portion of the judgment below.

2. Summary of grounds for appeal by the prosecutor;

A. According to the evidence submitted by the prosecutor, the court below acquitted the Defendant of this part of the facts charged, although it can sufficiently be found that the Defendant forged two copies of the resident registration certificate which is a document as stated in this part of the facts charged and exercised one of them. The court below found the Defendant not guilty of this part of the facts charged. The court below erred by misapprehending the facts.

B. The lower court’s sentence (one year of imprisonment with prison labor and one year of suspended execution, 120 hours of community service order, and confiscation (defluence (defluence, No. 2)) against an unfair defendant in sentencing is too uneasible and unfair.

3. Determination

A. (1) Determination as to the assertion of mistake of facts in this part of the facts charged (A) In the course of being investigated on the charge of smuggling import of tobacco on or around July 2013, N runs runs away without being present at the investigative agency and having been issued with a warrant of arrest. As a result, when an arrest was issued, it would be easy to forge and exercise another person’s identification card for the purpose of preparing for check-up, etc. and registering the business operator to be used for smuggling import. The loan business between July 8, 2014.

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