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The judgment below
The part of the defendant (excluding the part of the application for compensation order) shall be reversed.
Defendant shall be punished by imprisonment for a period of one year and two months.
Reasons
1. Summary of grounds for appeal;
A. In relation to the misunderstanding of facts (the part concerning the forgery of each private document and the uttering of each private document in the original judgment) and the crime of uttering of each private document in the judgment of the court below, the defendant opened a mobile phone with the consent of the document titleholder.
Nevertheless, the court below found the defendant guilty in relation to this part of the facts charged, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
B. The sentence (one year and two months of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. 1) Determination as to the assertion of mistake of facts refers to the preparation of a document under the name of another by a person who is not authorized to prepare the document in a false manner. Therefore, in preparing a private document, if the nominal owner explicitly or implied consent or delegation was made, this cannot be deemed to fall under the category of the private document. However, even if the authority to prepare the document is delegated, if the document is prepared by the delegated person with the delegated authority, the crime of forging the private document is established (see, e.g., Supreme Court Decision 2006Do1545, Sept. 28, 2006). However, considering the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it can be recognized that the defendant forged and exercised the document under the name of another without the authority of the court below. Ac) Ac is responsible for the back of the document by giving a personal identification card to the defendant at an investigative agency and making a mobile phone copy, and the sale of the document is not made by the opening of the document.