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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
provided that this ruling has become final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (the charge of forging each private document of this case and uttering of falsified Investigation Documents) is beyond the scope delegated by H and two copies of the lease contract in the judgment of the court below (hereinafter “the false contract of this case”).
(2) The lower court acquitted the Defendant of each of the charges on the part of the facts charged, by misunderstanding the facts, although it is difficult to deem H arbitrarily prepared and it is difficult to deem H to have accepted the above act of forgery as a matter of course, and the lower court acquitted the Defendant on each of the charges.
2. Determination
A. In a criminal trial, the prosecutor’s assertion of mistake of facts (the charge of forging each private document of this case and the use of a falsified investigation document of this case) (1) the burden of proving the criminal facts prosecuted in the criminal trial is to be borne by the prosecutor, and the conviction should be based on evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the defendant’s guilt, it shall be determined as the defendant’s interest (see, e.g., Supreme Court Decision 2011Do7261, Nov. 10, 201). In addition, in light of the spirit of the substantial direct and psychological principle adopted by the Criminal Procedure Act of Korea, there are special circumstances where the first instance judgment on the credibility of the statement made by the witness of the first instance court is clearly erroneous, or where it is remarkably unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court until the closing of arguments in the appellate trial.