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(영문) 광주지방법원 2017.02.07 2016노1144
공문서변조등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The judgment below which held that the act of borrowing and lending of a truck to use for the business of the prosecutor (the part A), misunderstanding the facts and misunderstanding the legal principles (the part A), even without changing the total quantity of the truck, constitutes an act of increasing the supply-restricted type truck under the relevant Acts and subordinate statutes, and thus, the Defendant’s act of increasing the supply-restricted type truck under the relevant Acts and subordinate statutes should obtain the permission for the alteration in order to substitute and scrap the increased special-purpose truck as a general truck, is unlawful.

(2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too uneasible and unfair.

B. Defendant A’s punishment is too unreasonable.

(c)

Defendant

B (1) misunderstanding of the legal principles, Defendant B, as an employee of the Association, prepared a notification of acceptance for replacement or scrapping with the authority delegated by R, and this is only an abuse of authority, and thus, the crime of forging private documents is not established.

(2) The sentence of the lower court’s improper sentencing (two years of suspended sentence in six months) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the following facts: (a) in the first instance court prior to the remanding of the case, the prosecutor first requested the modification of the indictment with respect to the charge against the Defendant B by using the forged or falsified official document; (b) use of the forged or falsified official document; (c) use of the forged or falsified official document; and (d) preparation of a false official document; and (e) use of the forged or falsified official document; and (e) use of the forged or falsified official document; and (e) use the charge against the Defendant B in preparation of the falsified or preliminary official document; and (e) modification of the subject matter of

Although there is a ground for ex officio reversal, the prosecutor's allegation of mistake and misapprehension of legal principles still exists.

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