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(영문) 의정부지방법원 2018.12.11 2018노1955
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (three years of imprisonment) is too unreasonable and unfair (the Defendant withdrawn the assertion of misunderstanding of facts and misapprehension of legal principles on the date of the first trial of the first instance trial of the first instance trial of the first instance court). (b) The only difference between the written consent to purchase insurance and the consent to use and confirmation of the vehicle for which the Defendant was found guilty as to the charge of forging and forging the private document (not guilty part of the reasoning) is whether the only difference between the written consent to purchase insurance and the written consent to use and confirmation of the vehicle for which the Defendant was found not guilty is indicated in the “the owner of the verified vehicle” column, or the fact that the Defendant’s name can be immediately known in the “the “F” column of the vehicle owner of the same face group, it cannot be deemed that there is an essential difference in the establishment of the crime of forging the private document and the crime of copying the private document.

Nevertheless, the judgment of the court below which acquitted the defendant on the charge of forging and exercising the vehicle use consent and confirmation letter.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination

A. Before deciding on the grounds for appeal by authority, the public prosecutor applied for the permission of modification of indictment with regard to the charge of forging and uttering of private documents in the trial as follows, and the subject of the judgment was changed by permitting the trial to do so.

【Preliminary Facts modified】

1. On January 15, 2016, the Defendant who has attempted to forge a private document or forge a private document shall use the vehicle in front of the Seocho-gu Seoul Metropolitan Government building, with the consent and confirmation of the vehicle use in the name of the Fund in the name of the Fund in charge of the resolution of the settlement of accounts: “The name of the vehicle: The name of the vehicle: HG, the vehicle number: E: the name of the owner: F, the resident registration number: AB, the representative: “AB entered the name of the vehicle and the name of the owner of the vehicle” in the letter of insurance subscription in the name of the Fund in charge of the resolution of the settlement of accounts, “the name of the vehicle: HG, the vehicle number: E, and the name of the owner”;

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