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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.05.26 2015노3372
사문서변조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant arbitrarily prepared the execution details, such as the “amount”, “amount of money”, and “non-fixed amount” of each contract entered in the facts charged of this case, without agreement, even though the Defendant agreed with E, and that the Defendant arbitrarily prepared the execution details of each of the above subcontracting contracts to the other original forms and submitted them in the same litigation procedure

In full view of the fact that E was convicted of the charge of altering private documents and the charge of falsifying documents, the judgment of the court below which acquitted the Defendant of the charge of this case, despite the fact that he was convicted of the charge, is erroneous in the misapprehension of facts.

2. In full view of the circumstances stated in its reasoning, the lower court held that the Defendant had the criminal intent of making an alteration or of exercising the altered document, even if the Defendant had failed to do so, at the time when the Defendant entered the execution details in the contract specification column on each contract entered in the facts charged or submitted a response accompanied by the said contract in the relevant civil procedure, based on the evidence submitted by the prosecutor.

It is difficult to see that there is no other evidence to acknowledge it, and the defendant was acquitted.

In light of the following circumstances acknowledged by the record, i.e., the facts charged against E for whom a verdict of conviction was rendered and the summary of the facts charged in this case against the Defendant, the lower court’s aforementioned determination may differ sufficiently from each other on the grounds that there are differences in the specific contents and scope of each subcontract agreement between the Defendant and E, the time point of time from the above point to the submission of each subcontract agreement to the court, the preparation motive of the details of construction, etc., the time interval from the above point of time to the submission of each subcontract agreement to the court, and the circumstances and purpose of the submission of each subcontract agreement.

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