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(영문) 의정부지방법원 2016.11.22 2016노2073
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In preparing a written application for deliberation on construction in the judgment of misunderstanding of facts (hereinafter “instant application”), not only had the comprehensive consent or constructive consent of H, but also had no intent to forge or use private documents.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances, the lower court determined that “it is difficult to view that there was a comprehensive consent or constructive consent from H, etc. in preparing the instant application,” and that the Defendant was also aware of the forgery of private documents and the intention of its exercise.

(1) The period of February 5, 2014

2. Around 18.18. A dispute over the validity of the instant agreement was disputed upon the notification of cancellation of agreement by N law firms representing H, etc.

② The Defendant asserted that “after receiving the above notification of cancellation of agreement, the Defendant confirmed that the notification of cancellation was sent to H regardless of the intention of H,” but if there were circumstances as alleged by the Defendant, it appears that the said application was prepared with the direct consent of H, etc. regarding the preparation of the instant application, and that there was no reason to prepare the instant application together with theO being treated with alcohol dependence.

③ Before the preparation of the instant application, the Defendant recorded conversations with J, etc., and even based on such recording records, it cannot be viewed that H, J, L, etc. consents to the preparation of the said application.

④ The Defendant believed that “O, around April 26, 2014, obtained consent from H, etc. to the preparation of the instant application,” and believed that “I believed it as it is.”

However, theO made a statement that “the defendant did not have any fact that he had given consent from H, etc.”.

The defendant on April 25, 2014 and on April 26, 2014.

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