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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in relation to the public document of this case, which is a public document of this case, in light of the following facts: (a) although the defendant was found to have forged a certificate of domestic residence report by a foreign national Korean national Korean, a public document of this case; and (b) the court below erred in the misapprehension of facts that affected the conclusion of the judgment.
2. Determination
A. In a criminal trial, the conviction in a criminal trial ought to be based on evidence with probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the Defendant, the judgment of conviction is inevitable (see, e.g., Supreme Court Decision 2005Do2342, Jun. 24, 2005). B. In light of the following circumstances acknowledged based on the evidence duly adopted and investigated by the lower court, it is recognized that a certificate of domestic residence report of a foreign national Korean national Korean searched in the seized foreign country was forged, and that the fact is identical or similar to the use of information by the Defendant, such as photographs, names, nationality, back page of the report number, and domestic residence, etc., as stated in the above report number, the facts alone are proved to have been proven to have been beyond a reasonable doubt that the Defendant forged the above report number.
It is difficult to see it.
(1) The witness J of the lower court, at the first time at an investigative agency, made a statement (No. 11 of the evidence list, No. 41 of the evidence record), as if it had received the above domestic residence report certificate (the 41th page of the evidence list), and it is not consistent, such as the reversal of the above statement by the I, which received the identification card from the I (No. 37 of the evidence list, No. 211 of the evidence record).
(2) J and K witnesses of the lower court, who are his/her father, also J. J.