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(영문) 서울서부지방법원 2017.09.28 2017노603
공문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The preparation of the “request for issuance of official document” and the “request for issuance of official document” as indicated in the judgment of the court below (hereinafter “official document of this case”) constitutes “issuance of evidence and confirmation of facts,” which are the matters subject to the team members approval, and the preparation of the official document of this case by J and K upon the Defendant’s request is merely an abuse of authority within the scope of the delegated authority, and thus does not constitute a crime of forgery of official document. However, the court below erred by misapprehending the facts or misapprehending the legal principles, which found the Defendant guilty of each of the facts charged of this case against the Defendant.

B. The sentence of the lower court’s improper sentencing (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. The purpose of this Directive is to clarify the authority and responsibility with respect to the U.S. relocation project team (hereinafter “instant project team”) under Article 1(1) of the Ministry of National Defense with respect to the determination of misunderstanding of facts or misapprehension of the legal doctrine, and to clarify the authority and responsibility with respect to the U.S. relocation project team (hereinafter “the instant project team”) and to ensure the efficiency and prompt performance of administrative affairs by delegated part of the matters to be approved by the Minister of National Defense pursuant to the treaty, such as the Special Act on Support, etc. for Pyeongtaek-si according to the relocation of the U.S. Armed Forces Base, and the Agreement on the Relocation of the usfk Relocation Project.

Article 6 (Criteria for Allocation of Authorization Rights by Position)

5. The head of the team - the formulation and implementation of a detailed plan under the plan for the relocation project - the collection, preservation, investigation, research, identification and management of data relating to the relocation project under his/her jurisdiction - the verification of the current events of the base concerning the relocation project and the contact with relevant agencies -

6. - Team members.

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