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(영문) 울산지방법원 2017.06.30 2017노398
허위공문서작성등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although the court below found the facts charged in this case sufficiently.

2. The judgment of the court below denied the crime of this case in the judgment of the court below, but at the same time, the defendant testified that "the answer to questions about the Gu administration has been made wrong due to his own document, and there are many arguments about the charge of this case," and all of the charges of this case are led to confessions. There is no reason to deem credibility in the confessions. However, in light of the evidence duly adopted and examined at the court below, it is sufficient to guarantee the authenticity of the confessions of the defendant.

Thus, it can be recognized that the defendant prepared and used a false official document as stated in the facts charged of this case, and the judgment below which acquitted the defendant is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

I would like to say.

Therefore, prosecutor's assertion is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The Defendant is a public official belonging to the office E of Ulsan-gu, Ulsan-gu, and a person in charge of the work of establishing “I” access roads to H villages located in Ulsan-gu G G branch.

On August 24, 2015, the Defendant: (a) notified the residents of certain H village including L who wish to change the above access road to the “K” located in JJ; (b) on the ground that the existing access road project is being implemented; (c) however, the Defendant had been continuously filed a civil petition; (d) the head of North Korea’s Gu visited the above access road site and visited the residents to the above H village from the residents of Ulsan-gu, U.S., U.S., and made a business trip to the above H village.

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