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Reasons
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(영문) 서울중앙지방법원 2012.11.30 2012노3472
공문서부정행사
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court, which found the Defendant guilty of the instant facts charged, did not err by misapprehending the fact, thereby adversely affecting the conclusion of the judgment, on the grounds that the Defendant discovered the F Driver’s license as one’s own principal and mistakenly presented it.

B. In light of the following: (a) the Defendant was unaware of the fact that his own vehicle was reported as a stolen vehicle; (b) the Defendant’s erroneous presentation of the Defendant’s driver’s license was made immediately with the knowledge of the Defendant’s erroneous presentation; and (c) the F was in possession of F’s driver’s license in the process of finding a substitute vehicle for the leased enterprise; and (b) the Defendant was in possession of F’s driver’s license, the Defendant’s license (one million won a fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted in the lower court’s determination on the assertion of mistake of facts, the following facts are acknowledged: (a) around 16:50 on September 17, 201, the Defendant was operating a HH car in the Gangnam-gu Seoul Metropolitan Government CHro; (b) on September 17, 201, the Defendant asked the Defendant to stop when the said vehicle was inquired of a stolen vehicle by a mobile phone inquiryr; and (c) upon the Defendant’s demand for presentation of identification card to the Defendant, the Defendant presented the F’s driver’s license as if he was the F’s driver’s license. In light of this, the fact that the Defendant was unlawfully used by presenting an identification certificate to a third party and presenting another person’s driver’s license, which is an official document, is sufficiently recognized.

Although the defendant argues that he erroneously presented F's driver's license in F's name, and that he corrected F's driver's license in the immediately following year, there is no evidence to accept the defendant's assertion in the record.

The defendant's assertion of mistake is without merit.

B. Determination on the assertion of unfair sentencing

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