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서울중앙지방법원 2015.09.10 2015노2085

The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. Although the Defendant’s defense counsel stated in the statement of grounds for appeal that the instant factual confirmation does not constitute an official document in the statement of grounds for appeal, the Defendant’s defense counsel withdrawn such assertion of legal principles on the date of the first trial of the court of first instance, and made clear that this assertion is only a ground for sentencing

The Defendant had sufficiently explained the fact-finding document of this case to the effect that he voluntarily prepared it, and did not intend to submit it to the court. However, in the course of communication with the attorney at the bar, there was an error in the process of communication with the attorney at the bar, which was submitted to the

Therefore, even though the defendant did not have any intention to forge or exercise official document, the court below found the defendant guilty of the facts charged in this case by misunderstanding the facts or misunderstanding the legal principles.

B. The lower court’s sentence (one year of imprisonment, one year of suspended execution, and 80 hours of community service) against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal principles, the lower court’s judgment that found the Defendant guilty of the facts charged in the instant case is justifiable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the Defendant.

1. The attorney-at-law in charge of the administrative litigation of this case heard from the trial division in charge of the first instance trial of the administrative litigation that the defendant should submit additional supporting materials about the defendant's business type during his military service, and transferred this to the defendant, and needed to submit materials about the defendant's medical examination and treatment and the

Accordingly, the defendant.