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(영문) 서울남부지방법원 2020.05.21 2019노295
사문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On January 16, 2018, Defendant (legal scenario) had been removed at the time of the visit to the instant B Training Institute, and determined that it is unnecessary to replace the fire-fighting pumps of the training Institute that did not use, and that it was unnecessary to appoint the fire-fighting pumps as soon as possible at the time, and thus, Defendant committed an act of entering the facts of crime as stated in the judgment of the lower court as an urgent measure.

This is an act by presumed acceptance or an act that does not violate the social norms, so it is not a crime of forging private documents or uttering of a falsified private document.

B. The prosecutor (unfairness) of the lower court is deemed to be too unhued and unfair.

2. Determination

A. As to the assertion of misapprehension of the legal principles, the lower court determined that the Defendant’s act did not constitute an act based on constructive consent or an act that does not violate social norms, in light of the following: ① an application for change of the electric use contract of the instant training institute and an application for postponement of self-inspection of fire safety controller-fighting systems was urgent or not necessarily necessary; ② the Defendant’s act did not cause damage along with the Defendant’s profit and loss; ③ the Defendant’s act did not constitute an act of this case without undergoing a regular procedure to appoint a representative in accordance with the articles of incorporation or a request for the appointment of a temporary director

In addition, even if it is necessary to take urgent measures due to the dissolution of the fire-fighting pumps, the suspension of the operation of the training center and the suspension of the fire-fighting inspection is a provisional suspension of the management of the training center facilities and does not seem to be an emergency measure against the above disasters, in addition to the fact that considerable amount of money was invested in the establishment of the B training center.

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