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(영문) 수원지방법원 2019.02.13 2017노8371
자격모용사문서작성등
Text

The judgment below

The part against the Defendants is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts and misunderstanding of legal principles are the land of the K clan, in fact, managed by the clan E in the clan of the clan D (hereinafter “D clan”), which is located in the family of the same clan, and the land of D clan is mistakenly registered as the land of D clan. The minutes of the general meeting (hereinafter “the minutes of the general meeting”) of the judgment of the court below to the effect that Co-Defendant C, who is co-defendant, is believed to believe that he is the horse of the court below, and is registered as the land of D clan.

In addition, as long as the Defendants meeting with respect to the K clan and the relevant minutes were prepared, the Defendants may not be punished as a document offence, inasmuch as they actually passed a resolution, even if they were to do so. 2) Each sentence of the lower court of unfair sentencing (Defendant A: a fine of two million won, Defendant B: a fine of three million won) is too unreasonable.

B. The prosecutor’s each sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. The summary of the facts charged in this case is that C is the chairperson of the E branch of D clan (hereinafter “D clan”), who is the head of the E branch of D clan (hereinafter “E branch”), and the victim F, who is the member of the E branch of D clan, owns 23,670 square meters of HH forest land in the name of “D branch” and “F” on February 13, 1994 and died on or around February 10, 2010, with the knowledge that D’s ownership was registered, and the name of the clan was registered as the representative of D branch, and that C and the name of the clan was changed to the domicile of the E branch of D branch, in collusion with Defendant B, Defendant B, and Defendant A, the general meeting resolution was adopted to change the domicile of D branch to the domicile of D branch.

The Defendants shall exercise their qualification and authority as the representative of the clan C in spite of the absence of the qualification and authority of the representative of the clan.

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