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(영문) 대법원 2018.10.25 2018도11121
허위공문서작성등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court affirmed the first instance judgment convicting the Defendant of each abuse of authority against X and AB, on the ground that the Defendant, as an investigator of the position in the position in the position in the prosecution branch, conducted an investigation of an misappropriation that is irrelevant to the specific duties and duties of the task team, and had X and AB attend the prosecutor’s office to submit relevant data or a statement contrary to the truth, and that the Defendant abused the prosecutor’s authority and caused X and AB to perform an act that is not obligated to do so.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the constituent elements of the crime of obstructing exercise of rights, the principle of court-oriented trial and the principle of direct deliberation, or failing to exhaust all necessary deliberations, contrary

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

2. The portion of the preparation of each false official document and the display of each false official document on December 31, 2014 and January 13, 2015;

A. For the following reasons, the lower court held that: (a) the official document prepared on December 31, 2014 and the official document prepared on January 13, 2015 for an interview with the investigation of the person on December 31, 2014 and the official document prepared on January 13, 2015 constitutes a false official document contrary to the truth; and (b) the preparation and transmission to the recipient’s place of receipt of each of the above official documents

The judgment of the court of first instance which acquitted the facts charged on the preparation of each false official document and the exercise of a false official document is reversed, and the above facts charged are found guilty.

(1) An interview with the investigation of the instant case is conducted.

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