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(영문) 대법원 2017.10.31 2017도2412
허위공문서작성등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court proved that the Defendant’s criminal intent to prepare and exercise a false official document regarding “the result of test and evaluation of the IF weapons systems” and “the result of test and evaluation (type 4) of IF weapons systems (ROV), SS (the searcher in underwater), IF (the identificationer), and Hms (the body of a ship),” was proven to the extent that there is no reasonable doubt that the Defendant would be no reasonable doubt.

On the ground that it is difficult to view the instant facts charged, the first instance judgment that acquitted the Defendant of the instant facts charged was affirmed as is.

The judgment below

In light of the records, we affirm the judgment of the court below as just.

The lower court did not err in its judgment by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of preparing false official documents and the crime of engaging in false preparation of official documents.

The prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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