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(영문) 춘천지방법원 2016.11.17 2015노897
위조사문서행사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) Defendant 1 permitted a mistake of facts I to pass the land owned by the Defendant, and the land owned by the Defendant is legally recognized as a right to pass over surrounding land as a matter of course under law; (b) there is no reason to forge the written consent to use in the name of the Defendant; and (c) according to the monetary conversations between I’s son and the Defendant’s wife M and the Defendant’s wife, I prepared the written consent to use in the Defendant. (b) The lower court’s sentence of unfair sentencing (6 months of imprisonment, 2 years of suspended execution, 80 hours of social service)

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. The circumstances revealed by the court below's decision on the defendant's assertion of mistake of facts are as follows: (a) even if I allowed the passage of the land owned by the defendant, which is acknowledged by the evidence duly adopted and investigated by the court below, it was premised on the completion of the dispute between T and the defendant, which is the owner of neighboring land, and even if it was not the current situation, it was not the content that I would use the part of the land's edge; and (b) the defendant requested I to consent to use the land, and the defendant would immediately allow I to prepare a written consent to use the land without any conditions as above, and the defendant would only prepare a written consent to use without any conditions and affixed the seal to I use the part of the land, but it is difficult to obtain that I did not enter it in the written consent to use even though there was any condition for I's consent to use the land.

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