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(영문) 대전지방법원 2019.07.11 2018노1280
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: In full view of the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, the court below acquitted the defendant, despite the fact that the defendant has forged and used the joint council resolution, representative council resolution, representative council resolution, and director meeting resolution (hereinafter collectively collectively referred to as "each document of this case") in the name of D, etc. in order to complete the registration of the church properties, as if he/she was a permanent member of the church without going through a procedure for seeking specific consent from the members including former member D, and as if he/she was a permanent member of the church, he/she had been found not guilty of the defendant, even though he/she was found to have been aware of the fact that he/she had forged and used the joint council resolution, representative council resolution, and director meeting resolution in the name of D

2. The lower court determined, based on the circumstances indicated in its reasoning, that the evidence alone presented by the prosecutor alone cannot be deemed to have proved that the title holder of each of the instant documents did not consent to the preparation of each of the instant documents beyond a reasonable doubt, and that each of the instant documents was not a forged document, although the Defendant was a temporary pastor but was left to the post of a religious organization C religious organization through internal procedures within the church was true, changing the name of the representative of the C religious organization’s real estate registration injury to the Defendant cannot be deemed to have been false, and thus, the fact that each of the instant facts charged cannot be deemed to have been proven as having been proven.

Examining the reasoning of the judgment of the court below closely with the record, it is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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