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(영문) 인천지방법원 2015.03.18 2014노3816
공문서변조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On March 2012, the Defendant altered the forestry test report under the name of the president of the Korea Forestry Promotion Institute, which is an official document, at the office of the Haman, Seo-gu, Incheon, Seo-gu, and submitted it to the staff in charge of quality inspection belonging to the Agency for Defense and Quality Assurance at the said place on March 2012.

B. The Defendant actively submitted an altered official document, which is a false explanatory document, and obstructed the quality inspection and issuance of the inspection report by the Defense Agency for Technology and Quality Assurance.

(A) On April 9, 2012, the prosecutor asserts to the effect that the act of submitting the modified official document reproduced at the date and time and place set forth in paragraph (a) and the act of submitting the modified official document to the Agency for Technology and Quality Assurance in the form of image file constitutes the crime of interference with business by universalizing the act of submitting it to

A. In a case where there is no concern that the exercise of the defendant’s right of defense may not be seriously disadvantaged, the principle of no appeal does not violate the principle of no appeal even though the court acknowledged facts different from the facts charged without going through a modification of indictment to the extent identical to the facts charged (see Supreme Court Decision 2003Do1060, Jun. 13, 2003). The fact that the facts differ from the facts charged are subject to a judgment that differs from the facts charged cannot be permitted as a substantial infringement of the defendant’s right of defense beyond the scope of judgment limited

(2) On March 2012, the facts charged in the instant case: (i) the Defendant modified the documents by means of misunderstanding the paper recorded in the original copy of the forestry inspection report in the name of the president of the Korea Forestry Promotion Institute, which is an official document, at the office of the office located in Seo-gu Incheon, Seo-gu, Incheon, and copying them; (ii) submitted the modified documents to the Defense Agency for Technology and Quality, and (iii) submitted them to the employee.

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