(영문) 서울동부지방법원 2013.05.03 2013노68

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(영문) 서울동부지방법원 2013.05.03 2013노68

자격모용사문서작성등

Text

The judgment below

The guilty portion shall be reversed.

Defendant

Punishment against A shall be 500,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts: (a) Defendant A was appointed as the president at the extraordinary meeting of the Ethical Ethical council on July 25, 2008, and the president was maintained around July 20, 2009, when preparing the highest statement on the facts stated in paragraph (1) of the crime in the judgment of the court below; (b) the said highest statement does not constitute a qualification and private document and is believed to be the president’s position. Therefore, Defendant A did not have any criminal intent to commit a crime.

Defendant A was appointed as the president at the extraordinary general meeting of the Ethical meeting of July 25, 2008, which is the chief vice-chairperson M. at the ordinary meeting of March 26, 2010, and Defendant B was appointed as the vice-chairperson at the ordinary meeting of March 26, 2010, and was appointed as the secretary general at the ordinary meeting of March 26, 201. Defendant B was designated as the vice-chairperson at the ordinary meeting of March 26, 2010 and was designated as the secretary general by Defendant A as the president at the time when each seal stated in paragraphs (2) and (3) of the facts constituting the crime in the judgment of the court below was used on March 14, 201, which is the time when the public notice of holding of each document stated in paragraphs (2) and (3) of the facts stated in the judgment of the court below was prepared, and thus, Defendant A maintained the position of the chairman and the secretary general at the time of using each seal stated in paragraphs (3) of the above judgment.

Nevertheless, the court below accepted the facts charged in this case and sentenced the defendants guilty, and the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentencing (one million won of fine A, and one year of suspended sentence on Defendant B’s imprisonment) against the Defendants is too unreasonable.

2. Determination

A. Article 1 of the Criminal facts stated in the judgment below.

유사 판례

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-수원지방법원 2020.07.15 2020가합11516

-부산지방법원 2015.09.11 2015나41685

-서울동부지방법원 2017.05.25 2016가합2039

-수원지방법원 2020.11.09 2020노992