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(영문) 창원지방법원 2016.05.25 2015노2991
공문서위조등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to the portion of the lower judgment’s judgment’s non-guilty) revealed that part of the Defendants sold to theO was bad mountain, and that the Defendants cultivated the 1 to 3 years old from around the outside from around 2010 to H fishing teams, etc., which were purchased from around 2007, around 2008 and around 2010, the H fishing teams did not have any sufficient mountain products to be sold. In light of the fact that the Defendants purchased sundry from BN farm sources and sold it, and the BM and X’s statement that the Defendants sold them, and agricultural chemicals prohibited from domestic production and distribution were detected from the mountain trids sold at the time of the festival in 2013, it was sufficiently recognized that there was no mountain products sold from the Defendants at the time of the mountain festival in 2013.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence that the court below sentenced against the Defendants (defendant A and B, 8 months of imprisonment, 2 years of suspended sentence, 6 months of imprisonment, 2 years of suspended sentence) is too unfasible and unfair.

2. Determination

A. If the court below added the following facts and circumstances in light of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, it is just and acceptable that the court below found this part of the facts charged not guilty based on the judgment of the court below, and there is an error of law by misunderstanding the facts as pointed out by the prosecutor, which affected the conclusion of the judgment, as pointed out by the court below.

It does not appear.

Therefore, prosecutor's assertion of mistake is without merit.

A) BM was in the court below’s determination that it was difficult for BM to sell the seeds cultivated at H H saw in 2007 and 2008 on the packing of the seedlings, and it would be well aware of the status after it was retired from the seed pool in a state where the gatherings of seedlings around September 2008 are well known.

“The statement was made to the effect that it was “.”

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