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(영문) 의정부지방법원 2016.07.14 2015노3023
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

According to the evidence submitted by the Prosecutor, although the Defendant could have forged “a sound device or a malicious loan certificate” in the F’s name without implied consent or delegation at the time of the instant case, the lower court acquitted the Defendant of the facts charged in the instant case, which erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

Judgment

The lower court found the Defendant not guilty of the facts charged of the instant case, considering detailed reasoning for its determination.

Examining the evidence duly adopted and examined by the court below and the court below in light of the records, the evidence presented by the prosecutor, including the results of written appraisal of the Director of the National Scientific Investigation Research Institute for the relevant deliberation, was proven to the extent that there is no reasonable doubt as to the facts charged in this case.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case does not err by misapprehending the legal principles as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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