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(영문) 서울서부지방법원 2020.08.24 2020노400
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is established if the defendant prepares a document in the first place with his authority, even though he was delegated with the authority to prepare a document.

The power of attorney of the defendant is limited to acts incidental to the progress of de facto construction, such as leasing equipment at the construction site, and there is no authority to prepare a written confirmation of the price of the materials in this case.

Nevertheless, there is an error of misunderstanding of facts in the judgment of the court below which acquitted the defendant.

2. The lower court rendered a not guilty verdict against the Defendant on the ground that the facts and circumstances indicated in its holding are as follows: (a) it is difficult to deem that there was an intentional intent to establish and exercise a written confirmation of the price of the instant material by only the evidence submitted by the prosecutor, to the extent that there is no reasonable doubt as to the fact that the Defendant had forged and exercised it at

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just.

In the judgment of the court below, there is no error of misconception of facts, and there is no reason.

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

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