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(영문) 인천지방법원 2017.08.09 2017노1985
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the statements at the lower court’s witness D,O, P’s investigation agency, and court, even if the Defendant was found to have forged and used private documents as stated in the instant facts charged, the lower court which acquitted the Defendant of the instant facts charged, thereby adversely affecting the conclusion of the judgment, by misunderstanding the facts,.

B. The sentence that the court below sentenced to the defendant (the 500,000 won suspended sentence) is unfair because it is too uneasible.

2. Determination

A. The lower court determined that the Defendant forged and exercised the “written consent and power of attorney” which is each private document in the name of C, D, and E, as indicated in the instant facts charged, with the sole evidence submitted by the prosecutor, while explaining the grounds for determination on the assertion of mistake of facts in detail.

It is not sufficient to recognize the recognition.

In light of the facts charged, the lower court acquitted the instant charges.

In light of the evidence duly adopted and examined by the court below and its reasoning, the above judgment of the court below is just.

Therefore, the prosecutor's assertion that the judgment of the court below that acquitted the defendant of the above facts charged is erroneous is without merit.

B. There is no change of circumstances that may be considered in sentencing after the judgment of the court below regarding the unfair argument of sentencing, and considering the conditions of sentencing as indicated in the records and arguments of this case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the sentence of the court below is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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