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(영문) 춘천지방법원 강릉지원 2014.10.21 2014노387
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding misunderstanding of facts (1) Regarding the forgery of private documents and the uttering of falsified private documents, the Defendant did not have prepared a resolution under the name of the Diplomatic Association and did not know of the forged circumstances even at the time of submission.

(2) As to defamation, the Defendant alleged the truth and the public interest of the E community is justified.

Nevertheless, the judgment of the court below which found the defendant guilty of each charges is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. (1) The judgment on the assertion of mistake of facts (1) states the following circumstances, which can be recognized by the court below based on the evidence duly adopted and examined by the court below regarding the forgery of private documents and the uttering of falsified documents, that is, the resolution of this case states that “E C signed and sealed on the No Confidence this Chapter,” and at the bottom of the resolution, the phrase “DB Association” may be attached to the signature and seal, which is equal to the number of members of the DB Council, and 33 signature and seal were attached to the signature and seal. The defendant stated in the police investigation that “the defendant prepared the actual resolution, and the part which was entered as DB association was also entered into the bottom of the resolution, and the defendant entered as DB association at the bottom of the above resolution,” but in the prosecution investigation process, the defendant conspired with the public official in charge of the Ministry of Public Administration and Security with the signature attached to the above written resolution and sent it by mail, it can be sufficiently acknowledged that the above facts in the charges were forged.

Therefore, this part of the defendant's argument is without merit.

(2) Defamation.

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