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(영문) 서울북부지방법원 2018.05.11 2018노157
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant, as stated in the facts charged, did not forge a copy of the subscription to the insurance under the name of E, as stated in the facts charged, was erroneous in the misapprehension of the facts.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. In light of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court, the Defendant may fully recognize the forgery of a private document under the name E as stated in the lower court’s holding.

Therefore, the defendant's assertion of facts is without merit.

① The Defendant, as indicated in the facts charged in the instant case at the time of the police investigation, made a confession to the effect that he/she forged the written subscription for the insurance under the name of E, and in detail, it is difficult for the Defendant to engage in the insurance designer around September 2016 and to have

In the process of police investigation on July 4, 2017, D, the father of the E, notified the personal information of E and made an application for insurance, and accordingly, made an application for insurance at the modern maritime agency located in the 191-256th, Gangnam-gu, Seoul, Suwon-gu, Seoul, prepared an application for insurance, and “E did not verify the content of the application for insurance” (Evidence No. 28,29). Furthermore, in the process of police investigation on July 4, 2017, the date on which the application for insurance was made in the name of E is not around September 2016, but around November 2016, and the place where the report was made also made also around the day, time, and place of the crime were clearly stated (Evidence No. 35). As seen above, the Defendant from the investigative agency to the court below consistently prepared the application for insurance in the name of E until the date, time, and place of preparation was confirmed to the effect that E did not deny the application.

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