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(영문) 서울남부지방법원 2017.01.20 2016노1374
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below, there is an error of mistake of fact in the part not guilty.

B. The punishment sentenced by the lower court (one year of imprisonment) is too minor or unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court determined that the Defendant conspired with one person C to forge a single name decision and accompanied it by the forgery.

For lack of evidence to determine the person, not guilty of the facts charged in the instant case, such as the fact that the public document was committed, the fact that the forged public document was held, the fact that the public document was reproduced, the fact that the public electronic records were not recorded, and the electronic records were recorded as false.

B. (i) In the case of co-offenders who are engaged in a crime by at least two legal principles related to the deliberation of the political party, the conspiracy is not required under the law, but is merely a combination of intent to realize a crime by combining at least two persons and jointly processing a crime. Thus, if the combination of intent is carried out in a successive or implicit manner, the conspiracy relation is established if those who do not directly participate in the act of execution are held liable for the other co-offenders' acts, and only those who did not specifically know the method of the crime is not subject to criminal liability (see, e.g., Supreme Court Decision 2013Do5080, Aug. 23, 2013). The lower court’s judgment and the trial court’s judgment are based on the evidence duly adopted and investigated by the court below, and even if the Defendant did not know the specific method of forgery and the detailed method of forgery.

Even if the facts charged in the instant case include the following facts: (a) the use of a document on the official document; (b) the use of a forged official document; (c) the use of a false electronic record; and (d) the Defendant’s public recruitment relationship.

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