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(영문) 광주지방법원 2015.12.22 2015노2120
사문서위조등
Text

The prosecutor's appeal is dismissed.

The judgment below

In the text of the judgment, “Defendant A” shall be acquitted.

Reasons

The lower court dismissed the Defendants’ charge of special larceny among the facts charged.

However, as the prosecutor and the Defendants did not appeal against the dismissal of the public prosecution, the above part is exempted from the scope of public defense among the parties.

Therefore, the conclusion of the judgment below is followed with respect to the dismissal of the above indictment against the Defendants, and the scope of the judgment of this court is limited to the part of innocence against the Defendants who appealed by the prosecutor (the defendant B was acquitted on the grounds).

Summary of Grounds for Appeal

A. Of the lower judgment, Defendant A received the insurance money from the account opened in the name of the said J without the consent of the motherJ in order to receive the Defendant A’s safety insurance money for agricultural farmers after the death of father I (hereinafter “the instant insurance”). As such, the crime of forging private documents, uttering of falsified investigation documents, fraud, theft, computer, etc. is established.

Nevertheless, since the court below did not recognize this and rendered a not guilty verdict, the court below erred by misapprehending the facts.

B. In full view of the evidence of erroneous determination of facts as to the Defendants’ violation of the Punishment of Violences, etc. Act (joint injury) among the judgment below, the defendants jointly committed an injury to the victim H.

Nevertheless, the lower court determined that Defendant A did not take part in the injury and recognized only the crime of injury to Defendant B, and found the Defendants not guilty of violating the Punishment of Violences, etc. Act (joint injury). Therefore, the lower court erred by misapprehending the facts.

Defendant

A's assertion of misunderstanding of facts as to the remainder of innocence except for the violation of A's Punishment of Violences, etc. Act (joint injury).

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