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(영문) 인천지방법원 2018.05.11 2017노4841
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. Each of the crimes C and E in the holding of the lower judgment cited the Defendant’s signature, such as the Defendant’s accusation, and forged a labor contract by forging it.

Therefore, the defendant is not the defendant's free dismissal of C and E.

B. The defendant's act of making the defendant sign the physical wave of the labor contract at the time was to confirm the forgery of the crime of damage as stated in the judgment of the court below and did not have the intention of damage.

2. In light of the following circumstances that can be recognized by the lower court based on the evidence duly adopted and examined by the lower court’s determination as to each crime of false accusation as indicated in the lower judgment, the Defendant can sufficiently be recognized that he was aware that the term of his employment contract on December 7, 2015 (from December 9, 2015 to February 8, 2016; hereinafter “first employment contract”) and his employment contract on December 31, 2015 (from January 1, 2016 to February 8, 2016; hereinafter “second employment contract”) was not forged, with knowledge that the first and second employment contracts were not forged.

A. The Defendant prepared a labor contract with a contract term from December 9, 2015 to December 8, 2016.

I asserted that they were not issued but failed to be issued.

There is no argument and submission.

B. That the Defendant’s form of a labor contract and each of the instant labor contracts differs.

In so doing, the signature of each of the instant labor contracts was argued to have been copied, but the signature of each of the instant labor contracts was not copied, but written as a pen, and the result of the appraisal was consistent with the Defendant’s writing.

(c)

The defendant also signed directly on the secondary labor contract.

(d)

On May 12, 2016, the Defendant laid a physical wave in the signature column of the primary labor contract in the presence of E and the officer in charge in charge at the Incheon Busan Police Station on May 12, 2016.

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