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(영문) 서울중앙지방법원 2018.02.02 2017노3944
위조공문서행사등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. misunderstanding of facts or misunderstanding of legal principles (i.e., fraud) the Defendant did not commit the instant crime with another criminal, and the Defendant was arrested in the process of implementing the strong direction of the total liability in the circumstance of suspicion of Bosing the instant criminal. As such, there is a criminal intent to commit the instant crime.

subsection (b) of this section.

B. There was dolusent intentional negligence

Even if there was an essential control over the Defendant’s act

As such, aiding and abetting cannot be seen as a crime. In full view of all the evidence submitted by the Prosecutor, it is sufficient to acknowledge the guilty of the charge of the uttering of forged official document.

B. Regarding the first instance sentencing sentence (one year of imprisonment with prison labor, two years of suspended execution, and one hundred and sixty hours of community service order), the Defendant’s appeal grounds are too unreasonable because the Defendant’s appeal grounds are too unreasonable, and the prosecutor’s appeal grounds are too uneasible and unfair.

2. The preliminary prosecutor of the amendment of the indictment (the attempted use of forged public document) applied for the amendment of the indictment to add the charges for attempted use of forged public document as shown in the attached Form to the preliminary charges while maintaining the facts charged that were acquitted in the first instance court. The party members permitted the use and added the charges to the previous charges.

The grounds for appeal against the primary facts charged by the prosecutor and the ancillary facts added by a party member are examined in order.

3. Determination

A. Although the Defendant alleged the same purport in the first instance trial as to the Defendant’s mistake of facts or misapprehension of the legal doctrine, the first instance court acknowledged the Defendant guilty of this part of the charges of fraud by comprehensively taking account of the evidence duly adopted and examined, and as to the above argument by the Defendant, the Defendant and the defense counsel’s assertion.

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