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(영문) 광주지방법원 2017.10.11 2016노3792
사문서위조
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misapprehension of legal principles, Defendant B, at the request of the J, actually carried out excavation operations, and the above Defendant B attempted to claim the payment of equipment fees for the implementation of the above work to J, and upon request of the on-site manager, the Defendant merely responded to the request of the Defendant to “only confirm the signature on the work log,” and the above act by the Defendant does not constitute a crime of preparation of a false qualification document.

(2) The sentence of the lower court (an amount of KRW 3 million) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In the lower court’s determination as to the Defendant’s misunderstanding of the facts and the legal doctrine, the Defendant also asserted the same purport as the grounds for appeal, and the lower court rejected the aforementioned assertion in detail by stating in detail the “judgment on the Defendants and their defense counsel’s assertion” in the written judgment.

In full view of the circumstances in the reasoning of the lower judgment acknowledged by the evidence duly admitted and examined, the lower court’s aforementioned determination is justifiable. In so determining, it did not err by misapprehending the legal doctrine on the crime of preparing private documents for qualification or by misapprehending the legal doctrine on the crime of preparing private documents as

subsection (b) of this section.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. On September 13, 2012, the Defendant committed each of the instant crimes without being aware of the fact that he/she committed each of the instant crimes without being aware of the fact that he/she was sentenced to two years of suspended execution on September 21, 2012, after having been sentenced to two years of suspended execution by the Gwangju District Court on September 13, 2012, due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a

On the other hand, there are some circumstances to consider the circumstances of each of the crimes in this case.

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