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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A filed an application for provisional disposition with the recognition that he was duly appointed by the clan General Assembly of December 5, 2010 after taking the procedures set forth in the clan of this case. Thus, Defendant A had no intention to use his qualification.
Despite the fact, the court below found the defendant guilty on the preparation and execution of qualification-based private documents, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
B. In full view of all the statements made by the prosecutor P and AB and the statement made by the members who attended the general meeting of the instant case, the lower court acquitted all the facts charged of the instant assault, violation of the Punishment of Violences, etc. Act (joint injury), obstruction of business, defamation, and false accusation. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. Determination on Defendant A’s grounds of appeal
A. The crime of preparing a private document by means of recognition of qualifications for the purpose of uttering is established by preparing a document concerning rights and duties or certification of facts with the qualification of another person. The term "purpose of uttering" in this context refers to the purpose of causing another person to mispercing that document was prepared with legitimate authority. Thus, if a person who prepares a private document uses qualification as another person's agent or representative and prepares a private document for the purpose of using it as a genuine document for any utility, it shall be deemed that the purpose of uttering of the crime of preparing a private document with qualification shall be deemed to have been intentional.
B. (See, e.g., Supreme Court Decision 2006Do2330, Jul. 27, 2007).
The judgment of the court below is clearly stated in the judgment of the court below and the defendant A is the representative of the clan.