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(영문) 대법원 2017.09.07 2017도383
허위공문서작성등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of the Defendant’s appeal, the lower court’s determination, on the grounds stated in its reasoning, that it was justifiable to have determined that the lower court was guilty of preparing a false official document regarding “AE draft decision (Class 2)” among the facts charged in the instant case, and of holding a false official document as guilty.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on false and intentional preparation of a false official document, or the establishment of an accomplice.

2. On the grounds of the prosecutor’s appeal, the lower court affirmed the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the fact of preparing false official documents regarding “the result of test and evaluation of the MM weapons systems purchased” and “the result of test and evaluation of the MM weapons systems (Class 4),” and “the result of test and evaluation (ROV, SS, IF, and HP) of the instant facts charged.”

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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