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(영문) 창원지방법원 2014.01.23 2013노1071
사문서위조등
Text

The judgment of the court below and the judgment of the court below are reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. The court of first instance found the Defendant guilty of all the charges of this case against the Defendant even though the Defendant stated the Defendant as the surety in the cash custody certificate of this case as the surety, but the Defendant made the statement to E with E’s consent. The court of first instance found the Defendant guilty of all the charges of this case. The judgment of the court of first instance is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The sentencing of the court of first instance (the fine of KRW 700,00) of unfair sentencing is too unreasonable.

B. As to the injury of this case, the Defendant was assaulted by the Victim K, and there was no injury to the victim, such as the wheels with the victim as indicated in the facts charged in this case. Even if the Defendant inflicted the injury on the victim, the Defendant’s act is merely a passive defensive act to avoid assault, such as the victim’s hair and breaking the Defendant, and thus constitutes a legitimate act.

B) As to the obstruction of the business of this case, the Defendant merely paid money to the victim K, and did not interfere with the victim K and E’s perjury business. C) As to each insult of this case, the Defendant merely expressed the victim K’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’ and h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h

2. Judgment on the assertion of mistake of facts

A. We examine the judgment of the court of first instance on the assertion of mistake of facts.

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