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(영문) 춘천지방법원 2013.09.11 2013노67
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding of facts and misunderstanding of legal principles, the defendant, as the chairperson of the senior citizens' council, obtained the list of this case, which was used at all times in order to oppose the crossing from the members of the senior citizens' council and the management office, signed and sealed the name F, etc. in advance. In order to distort the voting results on the recruitment of the defendant's president, E, etc., and attach the above list to the list of this case. This is for the defendant to keep the place of the senior citizens' council as the most important for the purpose of opposing the crossing of the senior citizens' council and the management office. As such, it is difficult to see that the defendant has a criminal intent to forge the letter of this case and to exercise the above investigation documents, and it constitutes a kind of legitimate act.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, circumstances acknowledged by the court below and the court of the trial lawfully adopted and investigated by the evidence, i.e., ① most of the names (including F) of the documents written in the instant facts charged (hereinafter “the instant documents”) prepared by the Defendant (hereinafter “the instant persons”) including F and most of the names (E) have forged private documents by stealing their names; ② The judicial police officer visited the D Apartment Housing Community Center around March 23, 2012 and confirmed that there was no signature of 11 of the instant persons, including F and others, among the instant persons, after having visited the instant senior citizens, she did not have any signature, and T was unable to verify on the grounds that the remaining names were non-indicted, etc.

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