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(영문) 광주지방법원 2014.11.20 2014노613
공문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found Defendant A and limited liability companies not guilty of the violation of the Act on the Promotion of Purchase of Products of Small and Medium Enterprises and the Sales of Products by Defendant C (hereinafter “C”), on the grounds that Defendant A did not have conspired to commit the crime of forging the permission to collect earth and stones of this case, and thus did not recognize that the certificate of permission to collect earth and stones of this case was forged.

However, according to the legal evidence shown in the instant case, it is sufficient to recognize the fact that Defendant A instructed Defendant B to forge the instant permission to collect earth and stones.

B. against Defendant B, the lower court’s punishment (two years of suspended sentence for eight months of imprisonment) is too unhued and unreasonable.

2. The lower court determined that Defendant A did not have conspiredd to commit the crime of forging official documents by comprehensively taking account of the following circumstances acknowledged by the records of the instant case. A. The lower court determined that Defendant A did not have conspired to commit the crime of forging official documents.

Defendant

B The first statement was made by the police as one of its own single crimes, but thereafter, the police and the prosecution made a statement to the purport that the former statement was replaced by the fact that the Defendant A conspired with the Defendant, but each statement made by the court of the original instance after changing the fact that there was no contestation, etc., is contradictory and inconsistent with each other, and it is difficult to recognize

B. Defendant A had already obtained approval for the change of the purpose of use from the Gisung-gun Office on the evidence of permission to collect earth and stones other than the certificate of permission to collect earth and stones in this case, and it is impossible to change the purpose of the certificate of permission to collect earth and stones in the circumstance of sending to the Gisung-gun Office of Gwangju Metropolitan City a cooperation letter to the effect that "C cooperates with it to supply stones in a timely manner" on December 31, 2010.

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