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(영문) 서울중앙지방법원 2014.08.13 2014노1100
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) ① The statement of E to the effect that “this case’s confirmation and agreement is not forged because it was directly prepared by the defendant,” is difficult to believe in light of the following: (a) there is another document with a similar content form; (b) there exists an agreement and a letter contrary to the contents of the instant confirmation and agreement; (c) there is conflict with the content of the instant written confirmation; and (d) E has the power to be punished for the crime of forging private documents; and (b) there was a fact that according to the result of appraisal, the contents of the instant written confirmation and agreement were stated as a different writing body; (b) there was a fact that there were 5 to 13, 15 and 14 parts signed by the defendant; and (c) therefore, it can be recognized that the instant written confirmation and agreement were forged, and therefore, the contents of the instant complaint cannot be deemed to be false.

2. Determination

A. Although the degree of the formation of a conviction in a criminal trial by the Supreme Court decision should not be enough to have a reasonable doubt, it does not require that all possible doubts be excluded, and rejection by causing a suspicion without reasonable grounds, which is recognized as probative value, goes beyond the bounds of the principle of free evaluation of evidence, cannot be allowed.

The reasonable doubt here refers to a reasonable doubt of the probability of facts inconsistent with the facts in accordance with logical and empirical rules, not all questions and correspondences, and it shall be based on the opportune theory that grasps the circumstances favorable to the defendant in relation to the fact finding. Thus, the doubt based on conceptual or abstract possibility shall not be included in a reasonable doubt.

(Supreme Court Decision 2004Do2221 Delivered on June 25, 2004). B.

In this case.

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