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(영문) 서울북부지방법원 2018.11.29 2018노999
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) B states that the lessor column of the instant lease contract has been prepared by the Defendant consistently from the investigation process.

Although B reversed the statement on the reasons why the contract was divided, it cannot be the basis for determining whether this was directly prepared by the Defendant.

B. According to the notification of the results of the written appraisal by the Supreme Prosecutors' Office, the lessor's column of the lease contract of this case was high possibility of being written by the defendant.

B The National Scientific Investigation Institute cannot reject the credibility of the notification of the results of written appraisal by the Supreme Prosecutors' Office on the ground of the results of the entrustment to the National Scientific Investigation Institute, which has been sent as an appraisal material by the copies below the pressure of the National Scientific Investigation Institute, and which has been sent as an appraisal material by the fact that the copies below the pressure of the National Scientific Investigation Institute had been sent as an appraisal material.

2. The lower court found the Defendant not guilty of the instant facts charged while specifically explaining the grounds for the determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case cannot be seen as unlawful, as otherwise alleged by the prosecutor.

B makes a consistent statement on the main part that the Defendant directly prepared the column of the lease contract of this case from the investigative agency to the court of the court below.

However, the lease contract of this case seems to have been made without the substance of the lease contract, and it seems important to determine the credibility of the statement B. The existence of the original is an important evidence that can lead to the crime of existence of the charge in this case.

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